Research On Judicial Confirmation Mechanism Of Administrative Mediation Agreement Of Patent Infringement Dispute In China

Administrative mediation,as an important non-litigation dispute resolution,plays an important role in the administrative protection of our patent.However,in the current practice,due to the limited effect of mediation,mediation after the mediation agreement lack of enforcement,inevitably appear the administrative organs of the mediation function is weakened and so on.To this end,we need to further develop the patent infringement dispute administrative mediation system potential,enhance the patent judicial protection and administrative protection of the effective convergence,standardize the patent infringement dispute administrative mediation judicial confirmation mechanism,and to improve the system in order to give full play to the role of administrative mediation,to achieve the integration of administrative resources and judicial resources,improve China's patent infringement dispute resolution mechanism.Judicial confirmation mechanism of administrative mediation agreement of patent Infringement dispute developed in the people's mediation agreement judicial confirmation mechanism,refers to the parties to the dispute through the patent administrative department of the mediation,reached a patent infringement dispute mediation agreement,to give the agreement enforcement force and request the corresponding of the people's court to review the mediation agreenent at the same time to confirm its effectiveness,the judicial confirmation process is a special non-litigation special procedures.The patent confirmation mechanism is a new patent infringement dispute resolution mechanism.Compared with the traditional patent infringement administrative protection and judicial protection,it combines the advantages of both,in line with the current "big mediation" to resolve disputes,the trend also conforms to the development 'of a harmonious society needs.Want a mechanism to give full play to its proper performance,the improvement of its procedural structure will play a decisive role directly,to establish a standardized judicial confirmation procedures,is to give full play to the advantages of this mechanism basis.In addition to the introduction and conclusion,this article contains three chapters.The first chapter is the introduction of the administrative mediation of China's patent infringement dispute and its influence on the judicial protection.It mainly includes the development path of the administrative mediation of the patent infringement dispute and the influence of the administrative mediation of the patent infringement on the judicial protection mode of the patent right.The second chapter elaborates the institutional basis and institutional obstacle of the judicial confirmation agreement of the administrative mediation agreement of China's patent infringement dispute,mainly analyzes the social foundation of the present mechanism and its existence in the practical application.The third chapter is based on the second chapter trying to clarify and eliminate the obstacles,at the same time under the guidance of the basic principles of the mechanism to build its specific operating procedures.