Research On The "Dual Track" Settlement Mechanism Of Patent Dispute In China

To patent dispute,our country implements a "dual track" solution mechanism parallel to the administrative and litigation.However,with the further development of China's judicial and administrative management system,the mechanism has exposed many problems in practice.If these problems can not be well solved,they will not only affect their good operation but also not conducive to protect the legitimate rights and interests of patented persons in today's big data era.Therefore,based on the basic situation of our country and a comparative analysis of the United States,Germany,Japan,France and other countries in the patent dispute,The thesis finds out some solutions to the current patent disputes of "dual system" in China,to further it.The thesis is composed of text and conclusion.The introduction mainly summarizes the administrative and litigation problems exposed in the "dual track" settlement mechanism of patent disputes,and the significance of solving these problems for the protection of patent rights.The second chapter of the connotation of patent disputes in China "double track" settlement mechanism mainly introduced the "China patent dispute settlement mechanism of the two track system",and from the following three aspects of the "dual track" patent dispute resolution mechanism to prove its necessity: TRIPS protocol under the China rationality,historical tradition and the rationality of patent disputes of administrative and judicial mechanisms advantages.The third chapter mainly summarizes the legislative status quo of China's patent dispute settlement mechanism,and the problems such as the the fuzzy practical problems of legal status in administrative handling behavior in the administrative settlement mechanism of patent disputes in China,and the problems in the process of patent right,tort,administrative punishment and criminal justice transfer.The fourth chapter absorbs its advantages in pattern from the typical countries suchas the United States,Germany,Japan,France,so as to further improve the patent dispute in our country.The fifth chapter is about the improvement of the "dual track" settlement mechanism of patent disputes in China.On the basis of drawing lessons from the foreign patent dispute resolution system and based on the basic national conditions of China,the following suggestions are put forward for the administrative settlement mechanism of patent disputes: First,add the pre mediation procedure of the patent right.Second,establish a special patent adjudication agency.In view of the judicial settlement mechanism of patent disputes,the following suggestions are put forward: First,the establish an invalid trial liaison mechanism for the same case.Second,give the judge the right to to judge the validity of the patent right in the patent right and tort litigation.Third,give the party the right to bring the administrative incidental civil action directly.Fourth,patent invalid and tort litigation cases are tried by the intellectual property court.In order to further improve the connection between the administrative and judicial settlement mechanism of patent disputes,the following suggestions are put forward:First,explore the mediation procedure of the entrustment patent management department to participate in the lawsuit.Second,perfect the connection procedure of the cross cases of patent execution.Third,promote the regular exchange training mechanism of judicial and administrative personnel and the construction of information sharing mechanism on the Internet.In the conclusion part,the shortcomings of the current "dual track" solution mechanism in China's patent dispute and some suggestions for further improvement are summarized to make the solution mechanism of "dual track" in China's patent disputes is more effective.