Introduction

Patent rights protection is a key component of international trade. The expansion of international trade requires patent rights to be able to cross the national borders within which they are protected. This requirement can only be fulfilled when the relevant national patent systems are harmonised with regard to application and protection. When international patent rights harmonisation is not achieved at the substantive maximum level, the global patent system remains fragmented. Consequently, international trade will continue to be impeded and unable to realise its full potential. China’s participation in the process of international patent rights harmonisation was prompted by the country’s World Trade Organization accession negotiations, which started in the late 1970s in the aftermath of the Cultural Revolution. The evolution of China’s patent legislation is itself a process of international patent rights harmonisation and it is characterised by achievements and controversies. The chapter also presents an overview of the key concepts discussed in this book.