Research On The Administrative Adjudication Of Patent Civil Disputes System

With economic development and deepening of globalization, the influence of patent is increasing day by day. The significance of Patent system mainly exemplification is protect inventions, promote new technologies and new processes disseminate to whole society. But, Patent Civil disputes have occurred frequently, this may hinder the effective exercise of patent rights, so it must be solute quickly. Administrative adjudication is a specific administrative act which used to settle civil disputes related to administration management intermediately by the administrative agency. Administrative adjudication have some advantages such as efficient, convenient, low cost and highly professional make it to be a effective way to resolve patent dispute. However, as legal definition of Administrative adjudication is not clear enough, Institutional setup is not quite reasonable and the procedure of adjudication is not perfect enough. As a result, many problems will be appears in the practice, this create difficulties for the parties and the executive and make administrative adjudication could not play the unique advantage. This paper begin whit the description of the characteristics of patent disputes, and discusses what the role should administrative adjudication be play in the patent dispute, then I will analysis the problem of this system, at last, I will try to give some advise to improve this system:Chapter one introduced the concept and features of the patent at the beginning, on this basis, analysis the characteristics of patent Civil disputes; To select a reasonable solution, this article compared many kinds of common solution of patent disputes and provided the theoretical basis; At last, this article explained the meaning and legal nature of administrative adjudication, comprehensive theoretical background described earlier, give the answer that executive power interfere in patent Civil disputes had its legal basis, and clarified the special advantages of this system are professional, efficient and low cost.Chapter two give the analysis of the China's current system, evaluate the legal rules about jurisdiction, adjudication agencies, adjudication procedure and relief system, point out that defect of existing system.Chapter three give some suggestion to the system promotion, including the establishment of the basic principles, organizational structure, personnel selection and training, supplement of procedures, administrative review, authorize the power of judicial variation to court, and hope these suggestions can help the improvement of patent administrative adjudication system.