Research On Administrative Adjudication System For Patent Infringement Disputes

In recent years,with the progress of economy and science and technology,the cases of patent infringement in China are increasing.The state and the society attach great importance to the protection of patent infringement disputes.In order to widen the way of relief,strengthen the protection of rights and standardize the market order,a series of pilot projects and policies have been put forward.In March 2018,the administrative adjudication system for patents was further improved in the structural reform plan of the State Council,gradually completing the separation of the overall responsibility for law enforcement from that of law enforcement.The State Intellectual Property Office shall be responsible for the specific matters relating to the administrative adjudication of patent,and further clarify its responsibilities in the construction of the administrative adjudication of patent.June 2019,the opinions on improving the system of administrative adjudication and strengthening the work of administrative adjudication issued by the General Office of the Communist Party of China and the State Council General Office state clearly that it is necessary to conform to the laws of the development of the Times in the present era,we should further strengthen the administrative adjudication system in areas such as patent infringement disputes,improve the construction of the patent administrative adjudication system,and further deepen the pilot reform of the patent administrative adjudication system,and the establishment of a good administrative adjudication and judicial system coordination and convergence mechanism.General Office of the Communist Party of China,State Council General Office: Opinions on improving the system of administrative adjudication and strengthening the work of administrative adjudication,the fourth revision of the Patent Law of the People's Republic of China has also made it clear to strengthen the way of dispute settlement in patent adjudication,which provides the development direction for the patent administrative adjudication system.Therefore,strengthening the construction of administrative adjudication system of patent infringement,promoting the diversification of remedies,is conducive to further improve China ' s innovation environment,market environment.Under the background of the development of this new era,combined with the overall thinking of the new revision of the patent law,we will study the development direction of the patent infringement administrative adjudication system,and improve the patent administrative adjudication,a mechanism for resolving patent infringement disputes,is a subject worthy of further study at present.In order to improve the system of administrative adjudication in the field of intellectual property,refine the rules of procedure,improve the working mechanism and strengthen the construction of the team,and encourage the exploration of the formation of a working model suited to the actual conditions in the region,improving the level of administrative adjudication of patent infringement disputes.We should take this typical experience as an opportunity to promote continuous efforts to improve the quality of administrative adjudication of patent infringement disputes.This paper is mainly devoted to sorting out the legal provisions on administrative adjudication of patent infringement disputes and the experience of pilot reform,analysis of China's patent infringement administrative adjudication system,detailed rules of procedure,improve the working mechanism,strengthen team building and other deficiencies and experience,this paper also puts forward suggestions for perfecting the patent infringement dispute system and practice,so as to enhance the Operability and rationality of adjudication procedure of patent infringement disputes,and promote the procedural justice of the administrative adjudication of patent infringement disputes,in order to improve the level of administrative adjudication of patent infringement disputes,the author tries to form a working model according to the local conditions through the practice of procedural justice.