Comparative Study On The Mode Of Patent Lawsuit In Japan And China

The coming of intelligence economy era pushes protection of the intellectual property to the forefront of the society. When come to the intellectual property protection in our country, there are some problems existing both in legislation and the protection system. The problems have had influences and constraint on the improvement of protection level and the implement of protection function. The study of this paper is to choose one point of the judicial protection system of intellectual property rights, and then focus on the comparison between Chinese litigation modes and Japanese litigation mode.This paper first will give a clear definition of patent litigation mode, which makes the key point of the study clear. Then the paper will give the comparison between Chinese litigation modes and Japanese litigation mode by law comparing and case analyzing together. This paper will introduce the development of Japanese patent litigation at first, and analyze related legislation and cases to conclude the mode and feature of Japanese patent litigation. After that, this paper will introduce and analyze related situation in China. Then it will give the comparison of the patent litigation in two countries by comparing their related law and litigation jurisdiction. Through comparison and analysis, the consistence and differences between the two countries in their existing judicial practice and review practice will be concluded, as well as their advantages and disadvantages.At last, against the reality of our country and combing with the good result of the third amendment on"Patent Law"started by Chinese Intellectual Property Bureau, this paper will give some reformation advice on three problems. They are judge organization system of intellectual property, request procedure of invalid declaration of patent and the following judicial review procedure in China and the countercharge of invalid patent and suspend litigation in patent invasion lawsuits. This paper hopes to find a litigation mode of intellectual property rights that suits the situation of country. And by it, we could improve the quality and efficiency of intellectual property litigation trial, and then give a great push to the development of intellectual property strategy in our country.