从专利法的视角审视“山寨”现象-法学专业毕业论文.pdfVIP

On the one hand, manifests in the research method, most scholars prefer from comparison analysis, historical analysis, comparison analysis and I in addition, historical analysis, but also to law and economics of the aspects such as from a deep research, this paper analyzes the classification of the Shanzhai behavior and nature, discusses Shanzhai products and enterprise economic benefit relations, to draw out how to strengthen the protection of patent right, and then find a suitable for Chinas national conditions, and help to promote the enterprise economic benefit, improve our position in the world economy, and enhance the international competitiveness in an effective way. On the other hand ，reflected in the Shanzhai the definition of behavior nature. Through the in-depth research and analysis, the author of the Shanzhai dont deny that the infringement product properties, but I think you cant just put the Shanzhai products with fake, plagiarism, the phenomenon such as copying confuse the old-fashioned way to deal with such in question, but should be dialectical view of this phenomenon. In reality there is the shoddy, fake Shanzhai products, but, there is no denying that some Shanzhai products innovation in there, so how to by means of the law, from the Angle of view of the patent law how to its to standardize and stop the infringement, encourage innovation, and to strengthen the protection of patent right, this is what I want to study the problem. Key words: Shanzhai phenomena, Shanzhai products, Shanzhai behavior, Design patent right, Legal nature, Patent infringement, System standard, Legal protection 目 录 中文摘要 Ⅰ 英文摘要 Ⅱ 引 言 1 一、“山寨”现象概述 2 （一）“山寨”现象涵义探析 2 （二）“山寨”现象引发的专利权保护问题探讨 3 （三）“山寨”现象的行为性质分析