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根据中国人民共和国专利法，发明创造包括发现实用新型和外观设计都将受到法例的保护，同时并授予专利权同样的法律保护，无论专利权人是外国人或中国公民。然而，一些人认为，专利权的保护在不同的国际标准下是不同的，在中国，当专利权人是外国人的时候专利权的保护是不够的。不过，文章认为在立法和执法方面，中国已经取得了很大的努力，在过去30年，即使专利权人是外国人，我国也尽全力保护专利人的利益。
According to patent law of the People's Republic of China, inventions-creations including inventions，utility models and designs are all protected. And patent rights granted are equally protected by this law, no matter the patentee is a foreigher or a citizen of PRC. However, some argue that the extent of protection of the patent right is not as broad as international standard, and the protection of the patent right is not enough when the patentee is a foreigner either. However, the essay will argue that, in both legislation and law enforcement, China has made great efforts in the past 30 years to improve the protection of the patent right, even the patentee is a foreigner. 在立法方面，因为它是在1984年通过的，所以迄今为止中国专利法已修订了3次了，修正案的主要目的是为了扩大专利权的保护范围和程度。其原因如下：技术的发展提高了新兴的发明，而这些发明创造所需要的专利制度的保护。在另一方面来看，新类型的这些发明的保护促进了这种技术业的发展。
In legislation, since it was adopted in 1984, China patent law has been amended for 3 times by now, and the main purpose of the amendment is to broaden the extent of protection of the patent right(Feng, 2000). The reasons are as follows: the development of technology boosts inventions emerging, and these inventions need the protection of the patent system. On the other hand, the protection of these inventions of new types promotes the development of such technology industry (Feng, 2000). For instance, no patent right should be granted for food, beverages, condiments and medicines and substances obtained by chemical methods until the law was amended the first time in 1992. Meanwhile, The duration of patent right for inventions was extended from fifteen years to twenty years, the duration of patent right for utility models and patent right for designs was extended from five years to ten years, counted from the date of filing. By then, the extent of protection of the patent right had been on the whole as broad as international standard - trade-related aspects of intellectual property rights .
In law enforcement, law enforcement agencies are granted more power to have the patent right protected more sufficiently. Since China patent industry becomes mature, and there appears more complicated situations which never happens before, stronger agencies are required. For instance, after china patent law amended the third time in 2008, the statutory compensation of patent infringement is clear: based on such factors, as the type of the patent right, the nature and the circumstances of the infringing act, the people's court can award the damages of not less than RMB 10,000 Yuan and not more than RMB 1,000,000 Yuan, while there was no relevant rules before. And any person passing off a patent may be imposed a fine of four times his illegal earnings at most, while it was three time at most before. Additionally, the administrative authority for patent affairs are authorized to query the parties concerned, review and reproduce relevant materials related to the suspected act of passing off a patent(Liu, Shen & Associates,2009).
Some people argue that the protection of the patent right is not enough in law enforcement when the patentee is a foreigner. However, this is not true. According to China patent law, if a foreigner has habitual residence or business office in China, he can enjoy national treatment when filing an application for a patent in China; if he has not, the application shall be treated under this law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. And any infringement of patent right granted is to be punished equally under this law, which means the nationality of the patentee is irrelevant. This rule consistent with international practice(SIPO, 2009). For example, German Neoplan Motor Co. sued that two Chinese bus companies’ design infringed German "Eurostar route" design patent right. After hearing, the court held that there were only small differences between the two designs which meant they were similar and the accused infringement was confirmed. Ultimately, the court judged that the two Chinese bus companies had to stop manufacturing and selling the buses which were infringing products immediately, and should compensate 21.16 million yuan. This is the first case of foreign companies bringing a lawsuit relating to infringement against China bus companies after China's accession to the WTO, coupled with huge economic claims, known as"the first case of bus infringement " after China entering the WTO. For another example, Neoperl is a famous German company producing parts for water taps. This company holds about 150 patents on its key products-flow regulators and aerators in China, including 45 inventions. Even though aerators and flow regulators seem small and insignificant, they make a dramatic difference to the quality of water flow out of taps, which is very high tech.Since entering Chinese market, Neoperl has found the infringing goods produced by Shanhe. In fact, Shanhe copied Neoperl’s all kinds of aerators, including the latest products. In 2010, Neoperl sued Shanhe before Ningbo Intermediate People’s Court and that was part of its global Intellectual Property enforcement strategy. In court, the defendant requested the judge to conduct a mediation. After discussing for several times, the two parties finally reached an agreement of mediation. In the agreement, Shanhe admitted its infringement of Neoperl’s patent rights in the eight cases, and agreed not to produce or sell the infringing goods, quiting this market. Neoperl praised the approach of mediation conducted by the Court, saying the court proceedings was satisfied(Zhongjie, 2011).
In conclusion, China has given equal protection to foreign patent right in both legislation and law enforcement. After the amendments of China patent law, in legislation, the extent of protection of the patent right has become as broad as international standard basically; in law enforcement, law enforcement agencies are more powerful then ever to protect the patent right better. And in practice, the protection of the foreigh patent right is satisfying, which is in compliance with international standards. With the further development of the China patent industry, it is foreseeable that, foreign patent right will be protected more sufficiently under China patent law.Motels, the original text from the English Motel, it is an acronym for motor hotel. The biggest and obvious difference between motels and hotels is that the parking place is connected with the bedroom. The first floor is used for parking and the second floor is used for resting which is the typical design for motels.
Most motels are in the vicinity of the highway exit or the road far away from the towns and cities in order to facilitate the visitors who travel with motor vehicles or motorcycles (IBISWorld, 2009). The construction mode of the cheap motel is standard, In order to reduce costs, some facilities which are not needed and luxury decoration are omitted, offer the lowest driving business traveler and provide low-cost accommodation services to the families on vacation. Car travel, cheap motel living has become a kind of Western lifestyle. The statistics shows that more than 90% driving travelers love living in motel, especially the cheap motel. The greatest advantage is convenient, fast and cheap, the main consumer groups are the driving traveler.
As a special type of hotel in the world, Luxury resorts are very different from motels; they are well-known with luxury, leisure, and privacy and expensive. In the present economy wave, the luxury resorts leave the tourists unforgettable experience because their shape, location, service, size, design, operation are linked with each other perfectly.
The choice of location for all the hotels is very important, especially for the luxury resorts, because the location is in addition to meet all the conditions necessary for high-end resort hotels, it also need to meet the requirements of the surrounding environment just as: quiet, private, close to nature, that is why most luxury resorts locate in big cities and resort districts.
The design of luxury resorts is unique, performance in planning, architecture, interior, landscape and so on. The Hilton Resort Village in Maldives is such a top-level representative, no matter guests in the room, bathroom, balcony, or dining on the seabed, or even when SPA in the enjoyment, they could be in the embrace of the sea and the sun at any time. The greatest advantages of the luxury resorts is having fun and enjoying life thoroughly, the main consumer groups are the wealthy who want to enjoy their vacation.
The health retreats are very different from the other types because they are set up for the person who need be taken care of. So it is stricter for the internal infrastructure and environmental requirements.
Most health retreats located outskirts of the cities where are far away from the city noise and bustle. The ones who need rest can rest at ease in self-cultivation. The biggest difference between health retreats and other hotels are the service personals in them, there are many doctors and nurses in the health retreats in order to offer more Safe and reliable service to the persons who need to condition their bodies, treat their disease or recuperate. Professional medical care and nursed back to health is the biggest feature of health retreats, which can make plans based on individual circumstances and needs of the physical aspects of caring to adjust the body to the best as soon as possible (Cunningham, 2002).
The greatest advantages of the health retreats is the special use for the patients or the special occupational groups, the main consumer groups are the persons who need to regulate their bodies.
Reference:文献参考
Chang&Yuan 2009, The sentence of "the first case of bus infringement " after China entering the WTO had been passed, People, retrieved 19 January 2012
Feng, XQ 2009, Analysis of the expansion of patent rights and reason, China University of Science and TechnologySchool of Public Affairs, retrieved 19 January 2012
SIPO 2009, Foreigners in China can apply for patents,People, retrieved 19 January 2012
Zhongjie 2011, The rights of foreign patentees are protected again in Chinese courts, Zhongjie, retrieved 19 January 2012
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