Research On The Improvement Of Administrative Mediation System Of Patent Disputes In China

With the attention to the protection of intellectual property rights,the administrative mediation system of patent disputes has been widely used in China.Through sorting out the administrative mediation system of patent disputes at the legal level,this paper roughly understands the development of the administrative mediation system of patent disputes,that is,from the "Adjudication" mode to the "mediation" mode.The system is efficient,economical,professional,authoritative and confidential.It has great advantages in dealing with patent disputes quickly,ensuring market operation,promoting parties’ peaceful negotiation and increasing business opportunities.Therefore,the system is necessary in China.The basis of the administrative mediation system for patent disputes at the national and local levels is stipulated,but it is relatively rough and needs to be improved.According to the statistics of the number of administrative mediation cases of patent disputes in various parts of the country,the demand for administrative mediation of patent disputes has increased significantly in recent years,but the system is currently facing the external dilemma of imperfect upper norms,conflict between litigation and mediation results,lack of judicial confirmation mechanism of mediation agreement,unclear nature of administrative mediation of patent disputes,rough and rigid mediation procedures,the role of mediation team is misplaced and understaffed.Due to the problems existing at this stage,which affect the operation of the system,every region has begun to explore and innovate the administrative mediation of patent disputes.Among them,there are four modes to solidify the effectiveness of the mediation agreement of the nature of patent dispute,which embody the innovation of the concept and produce the online mediation platform.The solidified effect mode of local practice ensures the implementation effect of administrative mediation agreement on patent disputes,avoids the situation that the parties fail to perform the agreement after mediation and becomes a"blank paper".The use of big data and Internet online platform shortens the time of dispute resolution and improves the efficiency of administrative organs.The UK’s mediation service of intellectual property also provides experience and enlightenment for the administrative mediation system of patent disputes in China to a certain extent.Therefore,according to the practice of all parts of our country and the experience of foreign countries,this paper puts forward a perfect path to the administrative mediation system of patent disputes.In terms of concept,the administrative mediation of patent disputes should be "law enforcement" return to "public service",give full play to the leading role of the parties,emphasize the guidance and role positioning of the administrative organ,and enrich the main body of mediation.In terms of the legislative system,laws and regulations should be introduced,local laws and regulations should be standardized,and procedural matters of the system should be specified in detail.In addition,we should attach importance to the supplement of "litigation&mediation" mechanism,establish dispute guidance mechanism,judicial supervision and restriction mechanism,and strengthen the connection and exchange of organizational structure and business guidance.Finally,the construction of judicial confirmation procedure of administrative mediation of patent disputes should be detailed from the aspects of acceptance procedure,examination procedure and relief procedure.