The Research On Patent Cases Electronic Litigation

Electronic litigation is a popular research in the field of justice,how to use electronic litigation becomes the focus of the study of scholars of various countries.From the 90 s of last century,the United States,Germany,Britain,Korea and other countries have gradually introduced in the judicial proceedings in the electronic proceedings,began the practice of litigation electronic.In 2010,South Korea took the lead in the application of electronic litigation in its patent court.During the last 7 years,South Korea built a more comprehensive electronic litigation system that patent electronic litigations increased and the case hearing cycle shortened.The implementation of the relevant legal system effect is remarkable.South Korea and China belong to the civil law countries,having a certain degree of similarity in the provisions of the patent law and the establishment of the patent court.Korea's experience in the field of patent litigation in patent cases provides a useful reference for the introduction of electronic litigation in China's patent trials.This thesis examines the implementation environment of patent litigation in China by focusing on the construction of patent suit electronic litigation legal system and analyzing whether the characteristics of patent litigation procedures are in line with the electronic procedures.It also analyzes the value of patent electronic litigation.Combined with the practice of extraterritorial electronic litigation and the experience of electronic litigation in Korea Patent Court,it puts forward the feasibility proposal of establishing patent electronic litigation in China.In addition to the introduction,this paper is divided into five parts.The first part is the basic theory of patent litigation.Patent case Electronic litigation is based on the original patent case trial procedure,and the introduction of electronic technology means to form a new litigation system.Electronic litigation can be divided into full,stage,parallel and auxiliary four models.Patent litigation has the characteristics of fixed type of evidence,many evidences and so on,as well as the high frequency of evidence exchange and the high frequency of witness attending in the relevant procedure,which shows that the patent litigation has a strong feasibility,and the practical experience of foreign countries also provides evidence.The second part is the procedural value of patent litigation.On the one hand,patent electronic litigation with the means of science and technology can break the constraints of space,and increase the channels of communication between judges and the parties to promote judicial openness.On the other hand,electronic litigation can achieve higher litigation efficiency at lower operating costs,thereby promoting patent case trials to achieve substantive justice.However,the patent cases of electronic litigation in the course of running may encounter lack of stability,lack of recognition and other difficulties.And in the existing patent case civil judicial environment,these real values of the plight do not prevent the patent case of electronic litigation practicality.The third part summarizes the Korean patent court's experience in patent litigation.This paper introduces the historical evolution of the Korean patent court,the legislative background of the electronic trial of patent litigation and the basic operation process of the electronic trial.The practice of electronic litigation in Korean patent case has improved the efficiency of case hearing and facilitated the participation of litigation participants in litigation.For China,the relevant legal system has a strong portability.The fourth part is the patent case of electronic applicability in China.It compares the four modes of electronic litigation design and the characteristics of cases and cases of infringement in patent cases,and classifies and discusses three cases of inventions,utility models and designs in patent cases.It is suggested that the case of patent right in China is applicable for the litigation mode from the filing to the end of the case,and the patent infringement case is suitable for the phased model,and the design is suitable for the whole mode.The fifth part suggests that in the process of exploring the establishment of the relevant legal system,we can apply the electronic litigation to the patent right case,and then extended to all patent cases including patent right and infringement?In the course of practice,we need to consider the specific characteristics of patent cases,and take into account the positive and negative effects of electronic means.On the basis of the practice of other countries,make a system choice for China.