Research On Administrative Law Enforcement System For Patent Infringement Disputes

The administrative law enforcement system of patent infringement disputes was born with the promulgation and implementation of the Patent Law,which has been implemented and developed in China for over 30 years.In the past three decades,China's economy and society have developed rapidly,the legal environment has made great progress,and the background conditions of the administrative law enforcement system of patent infringement disputes have also undergone tremendous changes.Therefore,it is of great significance to carry on the study of the administrative law enforcement system of patent infringement disputes in China.The administrative enforcement of patent infringement disputes is an important part of the patent administration law enforcement system.Patent administrative law enforcement including patent dispute handling patent infringement disputes,mediation,the investigation counterfeit patent three content,the initiator time limit,the administrative department of law enforcement,cost of obligee's rights protection,repeated infringement has uniqueness.The administrative enforcement of patent rights is an important supplement of judicial protection.And they are in different value orientation and emphasis.Judicial protection is an effective means of relief for imperfect administrative law enforcement,while administrative means and judicial means cooperate with each other to crack down on serious patent violations.The patent administration law enforcement system is relatively basic at the beginning of the establishment.With the change of background environment,it has made three adaptations in 1992,2000 and 2008.Patent infringement dispute administrative law enforcement system relative to other patent administrative and judicial protection system has started in accordance with the application,the conciliation agreement cannot be forced,procedure is simple and efficient characteristics,but also there are not clear boundaries and content,cohesion between program does not reach the designated position,the problem of insufficient security executive power.And there is a dispute over the lawfulness of administrative law enforcement.Through the statistical analysis of the administrative law enforcement cases ofpatent infringement disputes between China and the major economic zones from 2006 to 2016,it can be found that the number of cases nationwide has increased sharply in recent years after experiencing steady growth.the changing trends of the national and regional registered cases are basically identical.National level increased in change,and regional level in different years ups and downs is bigger,but in recent years,along with the special operation of "escort" intellectual property law enforcement rights has raise to a higher level and stable.The settlement mode of the whole country and the main economic zones has evolved from the former to the mediation,indicating that the effectiveness of law enforcement has been preliminarily manifested.Through the study of regional case statistics,it can be seen that the level of economic development and patent administrative execution of law enforcement policy closely affects the performance needs of law enforcement of patent infringement disputes and law enforcement.The higher the level of regional economic development,the higher law enforcement demand,the law enforcement performance will be better;Effective policy enforcement will significantly improve law enforcement performance.Through the statistical analysis of the case,it can be seen that the administrative enforcement system of patent infringement disputes will gradually weaken with the development of society and the progress of the legal system.The administrative treatment of patent infringement disputes will gradually evolve into administrative mediation.However,in the current context,the administrative law enforcement system of patent infringement disputes is still a powerful supplement to the patent right protection,so it should be improved,not abolished.The administrative law enforcement system of patent infringement dispute is about to make a major change with the fourth revision of the Patent Law.The system will make adaptive changes such as the law enforcement subject status,level of law enforcement team,the border and jurisdiction of law enforcement,and the method of law enforcement in the aspects of administrative law enforcement.And it will also make a clear new way of tort joint liability.But there are still some problems with this revision.First,some provisions need to be further clarified and improved.Secondly,the devolution of enforcement powers is somewhat hasty,and it still needs to beconsidered carefully,and the relevant specific system design work should be done.Finally,the reform of law enforcement system is not consistent with the goal of the reform of state council institutions,and it should be further modified.In view of the existing problems of this system,this paper believes that the administrative law enforcement system of patent infringement disputes should make clear the content and boundary of administrative law enforcement,establish effective connection with judicial procedures,ensure the effective operation of administrative law enforcement system,build a streamlined administrative law enforcement echelon and strengthen the construction of administrative mediation system,etc.Through further improvement,the administrative enforcement system of patent infringement disputes will play a bigger role in China's patent protection system.