| As China's independent innovation capacity of the growing importance of intellectual property rights in particular patents are inventions in the enterprise in the development of more and more prominent role. And patent agent in the patent system as an important component of the invention is not only conducive to the creation of adequate protection, safeguarding the legitimate rights and interests of the parties, but also improve the quality of patents, as well as the implementation of patented technologies and plays a vital role in protection. For the patent agency business in the process of agent-induced damage and irregularities clients, our country's patent agent system of accountability in the legal aspects of duty have required a lot of sound. Based on the theoretical foundation of civil law, this thesis will discourse patent agent to liability to the basic questions on the system.In this paper, a patent agent chapter liability system, first of all, the patent agent on the legal meaning of duty, from civil liability, criminal and administrative responsibility for three areas to analyze the main responsibility, focusing on patent agency set out as a patent agent on Civil Liability for the subject need. Civil Liability for patent agent based on the relationship between China and France for special applications, comply with the contract the two sides are the principles and benefits of the embodiment of trust. Combination of the patent agent may exist in various forms, patent agent put into the contract of civil liability for breach of statutory duty and obligation to have to bear the duty of the infringement, including infringement liability is divided into general and vocational fault tort infringement, which is also known as the expert liability. If the main patent agent as "professionals" can't do better than the ordinary duty of care and duty of loyalty, experts have to bear expert liability. Contractual liability applicable to the principle of no-fault liability while tort liability applicable to the principle of fault liability.To determine whether it should bear civil liability, should include five elements: the main agent of patent infringement, the fact that the existence of damage, the main fault of the patent agent, four aspects of a causal relationship; Among them, the truth that the infringement and damage relations between the causal greater complexity of the legal relationship in the patent agent used in a very causal relationship. Civil liability, including patent agent direct property damage and moral damage compensation, but punitive damages does not apply to assume the form of duty to pay compensation and to take remedial measures. Patent agent in accordance with the main duty of the administration are administrative regulations and department rules and regulations, and its elements, including the main administration of the act constitutes an offense, the main pass, within the statutory time frame and so on. When commissioned the event of force majeure, the parties or a third person's fault or the parties voluntarily assume the risks associated with the subject, and so the patent can be exempt from the main agent.Chapter II patent agent to avoid the risk of liability with the liability insurance system. From the perspective of internal and external analysis of the patent agent patent agent analysis of the source of the risk of legal liability, because of possible patent management agent industry norms, the lack of a sound regulatory framework; probably also the overall quality of the patent agent is not high, the lack of high professional ethics; also probably because of the client's own reasons for the pursuit of economic benefits. Legal responsibility for these risks by improving the quality of patent agents and the quality of professional ethics, strengthen the patent agency's internal management, and give full play to the self-association of patent management agent role, to effectively circumvent. Set up at my country to practice the patent agent and rationality necessary insurance system, and a preliminary approach from the liability insurance, insurance sources, insurance coverage and settlement of disputes procedures, deal with building a system of liability insurance.In the Chapter III of this thesis advocate the legal duty to improve patent system, a sound system of our country's patent agent. First of all, the patent agencies in respect of civil liability as the main body of necessary, but at the same time weakening the patent agent's individual responsibility, it is proposed an agent intentionally or because of gross negligence resulting in loss of client benefits, should be allowed to patent agents and patent agents as the main body of the legal duty, jointly and severally liable. Secondly, the patent agent of the main experts in this field as in the status of evidence of disposal capacity, professional capacity with a larger edge, patent agent disputes litigation burden of proof used in legislation to better reflect the values and the principle of fairness. Third, to regulate trade order, improve the legislative bodies should be strengthened at the national level and local level, legislation to regulate the market behavior has laid a sound legal basis for the management of intellectual property rights of patent agencies, Department of Business Administration, as well as judicial and administrative bodies in close contact, co-regulation patent agent's illegal activities and behavior. Furthermore, compensation should be set up sound, risk, training and other fund system, according to the patent agency to provide different forms of organization of the Fund in different ways. Finally, analysis of China's patent agency set up the individual the possibility and necessity of their legal responsibility in general be represented by an agent all personal property of a negative form of unlimited liability.With the high-tech development in society has become more and more power, people have to protect patented inventions has become more aware of, which ushered in a patent agent industry is a good opportunity for development. But at the same time because of the improvement of public awareness of rights, in the face of patent disputes, patent agent how to correctly identify the main duty of the legal nature, to bear the burden of proof, patent agent clear sources of risk in order to take effective means to avoid risks, which are bound to protect the legitimate rights of the parties to improve patent agent credit society groups play a significant role in promoting. In this paper, aspects of the existing system of patent agent from the academic nature of legal liability and related contents of a preliminary attempt to find a patent agent system in our country is incumbent upon the existence of legal questions and solutions for the "Regulations for the Implementation of the Patent Law "and" patent agent Bill "to amend the opinion and put forward some proposals in the hope that this article can be a patent agent for future improvement and development of the system to provide some valuable suggestions. |
