Study Of Patent Administrative Law Enforcement

The administrative authority for patent affairs stepping into patent infringement disputesis the core of the administrative execution of patent,which is the marked feature of patentsystem in China as well as an important approach to settle patent infringement disputes andprotect patent right.In China,patent legal system doesn't give enough expression to the importance of the administrative authorities for patent to handle patent infringement disputes. Without enough and necessary power of execution and enforcement approaches , when handling the disputes , the administrative authority cannot ensure the right of the patentee. Based on the article 60 of the patent law,this paper,taking the case of"Zibo Gongtao"as fl breakthrough point to focus on the problems of administrative enforcement of the patent law, discusses those problems from three aspects , including the reasonability of administrative enforcement of the patent law,the feasibility of administrative authorities for patent affairs to identify the patent infringement and the function of those authorities to estimate the amount of compensation of the infringements,and analyses the perfecting of the patent law from the perspective of the limit for the administrative authority for patent affairs in the course of handling a patent infringement dispute.Firstly,the administrative enforcement of the patent law is reasonable.First,the article 60 of the patent law stipulates that the administrative authority for patent affairs handles patent infringement disputes.Second,patent is not a simple kind of private right but one that is closely related with public and state interests.Patent infringements harm not only the interest of patentees but also that of public,SO state intervention should be intensified.Third, in handling patent infringement disputes the administrative authority for patent affairs is rapid yet efficient,which is in accord with China'S traditional culture of law and can protect patent right effectively.Secondly,in China,official position in political system,a sound legal system as well as the specialization of administrative authorities for patent affairs provide advantages to the identification of patent which is,in nature,fl kind of concrete administrative act with judicial but not finality.The said authority,upon the request of both sides,can mediate in the amount of compensation for the damage caused by the infringement of the patent right,which is not compulsory,SO the parties who refuse tO obey can still bring civil lawsuit to people court.Finally,the administrative enforcement of the patent law must be based on the protection of public interests and rules of law.When handling the disputes,the said authorities suffer from lots of imperfections,such as,inadequacy of law enforcement,insufficiency of methods, inability to investigate and punish serious tort behaviors and SO on.Therefore,to adjust and perfect the power of the administrative authorities for patent affairs to solve patent disputes is quite necessary.