Research On The Patent "Dual System" Protection Mode

China has double protection for patent rights,that is,the "dual system" protection system that combines administrative protection and judicial protection.However,there are still many legal issues that need to be resolved in the practice of the patent “dual system” protection system,such as administrative protection system issues,procedural issues,judicial protection jurisdiction issues,trial issues,and the most serious administrative protection and judicial protection power conflicts and powers.Define issues,etc.In the context of the fourth revision of the Patent Law,this article conducts an in-depth discussion of administrative protection and judicial protection,analyzes the problems that have arisen from the "dual track" protection model for many years,argues for limitations on administrative protection,and improves the necessity of judicial protection.The article mainly discusses from the following three aspects:The first part mainly discusses the research background,research methods,judicial protection and related concepts of the judicial protection and administrative protection of the patent "dual track system" protection system.The role is to lay the foundation for the study of patent "dual track system" protection system.At the same time,it discusses theoretically the advantages and disadvantages of patent administrative protection and patent judicial protection,summarizes the advantages and disadvantages of the two models abstractly,and analyzes them from the macro perspective.In the second part,the author bases himself on the status quo of the implementation of the patent "dual track system",systematically analyzes the cases of administrative protection and judicial protection,discusses whether the current revision of the patent law should cancel the debate on administrative protection,and the subsequent impact,from the micro perspective on patents.Protected mode for analysis.The third part proposes some immature proposals for resolving existing problems and puts forward some unripe opinions on the suggestions of experts,mainly including: establishment of an intellectual property appellate court,integration of intellectual property administration,perfection of intellectual property administrative protection and justice Protection of convergence work,patent law revision and improvement suggestions.In 2014,China's first intellectual property courts were successfully established in Beijing,Shanghai and Guangzhou.Zhou Qiang,president of the Supreme People's Court on August 29,2017,affirmed the remarkable results achieved by the intellectual property courts of Beijing,Shanghai,and Guangzhou in the Supreme People's Court's Report on the Work of Intellectual Property Courts.The three intellectual property courts have a high level of professionalism and have raised the level of judicial protection.With the rapid development of science and technology,intellectual property,especially patents,has become more and more specialized,and the professional requirements of administrative agencies and judicial personnel have become higher and higher.In order to avoid the unfairness of the relevant staff due to the professional issues involved in the case,such as Beijing,and other specialized intellectual property courts played an important role,indicating that the establishment of a specialized court is a feasible way.The State Intellectual Property Office has now set up a comprehensive innovation and reform pilot area to promote institutional reform of intellectual property protection,mainly in Beijing,Tianjin,Hebei Province,Liaoning Province,Shanghai Municipality,Anhui Province,Hubei Province,Guangdong Province,and Sichuan Province.Shaanxi Province proposed to actively explore the reform of integrated management of intellectual property rights.This shows that China is exploring the integration of intellectual property administrative departments,and strives to clarify the division of labor among intellectual property administrative departments,make institutional responsibilities clearer,and make administrative law enforcement more efficient.This is of great significance for the protection of patent rights in China.It will help solve the problems of the complicated and inefficient administration departments and uneven levels of law enforcement personnel.Through the integration of various departments,the establishment of a more complete andspecific system of norms will also help solve the conflict between administrative protection and judicial protection.Under the background of the fourth revision of the Patent Law,the academic community has paid more attention to the patent administrative protection system.Due to various problems arising from administrative protection in practice and the fact that the patent right itself is the basic attribute of private rights,the author tends to weaken administrative protection and strengthen judicial protection.Patent “dual track” protection has a history of 34 years.The practice has proved its role in the protection of patent rights.There are also many thorny problems.At present,some administrative protection methods are no longer adapted to the needs of social development.These administrative protections gradually withdraw from the stage of history.It is an inevitable trend of development.Through years of judicial education,the construction of our country's judicial team has become more and more specialized,and its level has become higher and higher.Among judges with professional qualities,talents with intellectual property background can serve as judges of intellectual property courts.The most basic referee's level guarantees the fairness and reasonableness of the judgment.Therefore,the author suggests that the fourth amendment to the Patent Law should strengthen judicial protection and weaken administrative protection to a certain extent.