Research On The Patent Infringement Dispute Administrative Mediation

With the continuous development of social economy, the nature of the patentinfringement dispute is more and more complex and quantity.The use of a single lawsuit forpatent infringement dispute settlement often difficult to get quickly and thoroughly solveresults.In comparison,the use of administrative mediation to settlement patent infringementdispute, sometimes more in line with the actual needs to resolve disputes,on the one hand,administrative mediation has professional,convenience,economy and timeliness,settle disputesmore reasonable;on the other hand, administrative mediation to solve disputes,at the sametime also save the judicial resources, relieve the pressure on the court.In this paper, on the basis of the patent law article60,with "compound long shougranule"case as the breakthrough point,which leads to new exploration of administrativemediation to resolve patent infringement dispute in practice,then discusses the meaning ofpatent infringement dispute administrative mediation, the present situation, the rationality, thecomparative advantage,etc. Some analysts believe that use administrative mediation to resolvepatent infringement dispute, conforms to the rights of the parties can convenient and effectiveto solve disputes,and conforms to the modern society to the requirement of service typegovernment.Finally, according to the administrative mediation to resolve patent infringementdispute in practice defects,put forward some specific suggestions on patent infringementdispute administrative mediation system.This paper mainly includes four parts.The first part is about Parsing the meaning ofpatent infringement dispute administrative mediation and to introduce the present situation ofits use in practice.This part mainly starts with the existing laws and regulations,combined withthe specific situation in practice,to analyze the meaning and application of the status of patentinfringement dispute administrative mediation.The second part analyzes the reasonableness ofthe patent infringement dispute administrative mediation.The third part analyzes thesuperiority of the patent infringement dispute administrative mediation.The two parts isexisting in our country’s patent infringement dispute solution system, combined with thetheory and practice,by using the method of comparative analyzes the rationality andadvantages of administrative mediation to solve patent infringement dispute.The fourth part combined with the specific problems existing in the practice,puts forward some concretesuggestions to perfect the patent infringement dispute administrative mediation system.First,on the legislation of the system to be perfect,for example, standardize the concept of patentinfringement dispute administrative mediation,determine its basic principles, basic procedures,to relax its time,clear the effectiveness of the mediation agreement, etc;Second,perfect the linkup with administrative mediation and judicial protection.Finally,pay attention to talentcultivation of dispute resolution,build patent management department and the court officialstwo-way learning mechanism.