Research On The Settlement Of Chinese And Foreign Patent Infringement Litigation

In patent infringement disputes,how to keep a balance between the protection of the rights of the patentee and the infringer,to keep a balance between litigation effectiveness and litigation costs,and to keep a balance between the maintenance of legitimate interests and the prevention of abuse of power,is one of the hot topics in the study.The existence of settlement is a bridge of communication established between the parties of the dispute.It is playing an ingenious role in balancing the parties to the dispute and provide the parties with more choices.Because of the high costs of litigation in patent infringement litigation,the long trial time,trial risks,and difficulties in achieving goals,Chinese and foreign countries' legal systems provide effective solutions such as pre-trial settlement and in-trial mediate for parties involved in patent infringement lawsuits.It played a huge role in the practice of patent infringement litigation.The first chapter explains the concept of patent infringement litigation,gives the basic concepts of settlement by comparing the laws about settlement between Chinese and foreign countries.Then summarized the particularity of settlement in the patent right system.The second chapter describes the actual situation of patent infringement lawsuits including settlements based on statistical data concerning patent infringement litigation in various countries.Then summarized the factors that affect the settlement of patent infringement litigation,and analyzed the main factors of settlement in the form of Chinese and foreign comparisons.The third chapter summarized the process of patent infringement litigation and the methods with strategies for settlement.