LA TUTELA DEI BREVETTI IN CINA

The present research examines the evolution of the chinese patent law in the context of the deep deepest economic and legal reforms that have paved, since 1978, the way for a gradual liberalization of China’s economy and a modernization of its law with the purpose of aiming accelerating the integration of the country into the global system. Along this evolutionary path will be analyzed, in particular, the three important amendments of the chinese Patent Law that have represented significant steps in the modernization process which is characterised by the difficult balance between two opposing interests: on the one hand, the interest of the creators who want more protection of the exclusive patent right; on the other hand, the wider public interest in economic economic modernization and technological innovation. Chinese invention patent filings and grants are increasing at a fast pace and the country is gradually becoming an innovator and user of IPR protection rules and procedures adopted all over the world. The awareness of the importance of a patent system as a stimulus and incentive for inventive activity is part of a clear strategy of the chinese government aiming at increasing China’s capacity for technological innovation and scientific development in order to increase its competitiveness at international level. Finally, the study focuses on the implementation of the chinese patent regime by the peculiar “dual track system” based on administrative and judicial, taking into account, not only the difficulties and uncertainties arising out of the complicated system of "enforcement", but also the efforts that the chinese government has made to make IPR system protection more effective.