개도국에서의 친특허정책 도입에 따른 영향–제4차 중국 전리법 개정안을 중심으로–

Since the establishment of WTO system, developed countries have concentrated on the policies to enhance the protection of intellectual property, and economic globalization and standardization of patent system have generated externalities factors in patent use and social cost. These externalities factors are producing more inefficiencies, especially in developing countries, but from the viewpoint of developing countries, the empirical studies have been insufficient. Therefore, in this study, the legitimacy and rationality of the various pro-patent policy regulations, which were introduced in the recent discussion on the revision of the Patent Act as a major issue related to intellectual property among developing countries, was to be discussed from the perspective of utilitarian ideas and Aristotle’s virtues. A patent process model was used to assess the impact of various new regulations on developed and developing countries. Based on the theory of accumulated innovation, this model was able to estimate, quantify and compare the expectations that could be obtained from the original patent, the improved patent and the public technology according to the patent system operating variables. Specifically, based on this model study, various regulations discussed in the Fourth Amendment to the China Patent Act were intended to analyze what positive effects would have in terms of economic utility and profit balance. In addition, this study looked at the situation of developing countries following globalization, the status of intellectual property facing China, which is shifting from developing countries to G2, and the prospects of China in the international community.