Study On The Arbitration System Of Patent Dispute

Patent dispute arbitration, it is to point to the arbitration institutions according to the parties reached a written arbitration agreement or the patent the arbitration clause in the contract, in accordance with law, of patent disputes the behavior of the ruling. Patent dispute with arbitration object particularity, the arbitration shall be to the arbitration agreement for the premise, the arbitration procedure has flexibility, the arbitration award is final sex etc. Characteristics. And patent disputes than litigation, patent dispute arbitration has efficiency, professional, cost and execution and other advantages; And other patent dispute with alternative solutions, in comparison with the standard, professional and executive and other advantages. Patent dispute arbitration system originated in the United States, at present already in some developed countries in the development of the relatively perfectly. But in our country, because of the absence of the relevant mechanism, patent dispute arbitration system in practice has not yet play its proper role. Therefore, our country should establish effective patent dispute arbitration mechanism, improvement and development of a patent dispute arbitration system.General to think, only the patent infringement and patent dispute of contract can be patent dispute arbitration object. The arbitrability of patent validity dispute has been controversial, but because of its civil attribute and the feasibility, some countries have already put in into the patent dispute arbitration range. At present, due to professional patent disputes the absence of the arbitration, the parties will mainly is dispute patent dispute submitted to arbitration agency comprehensive solution. But, patent disputes, as a special kind of dispute type, with its unique professional technical, along with the rapid development of economy and science and technology, and the comprehensive arbitration institution to solve the limitations of a patent dispute increasingly prominent. Therefore, to have an advantage more shall set up a professional patent disputes arbitration.Patent dispute arbitration procedure mainly includes common arbitration procedures and simple arbitration procedure two types. In addition, in order to give full play to the role of a patent dispute arbitration, need to patent dispute arbitration and other patent dispute solution effective connection, so as to give full play to the complementary between them. And at present in our country, because of special patent dispute arbitration laws and regulations blank, patent disputes the scope of arbitration, professional patent disputes fuzzy arbitration institution absence, and patent dispute arbitration procedures lawsuit defects and other reasons, patent dispute arbitration this dispute solution has not yet played its proper role in our country. Therefore, we should perfect the legislation, through clearly established the basic principles of the patent dispute arbitration, define the scope of patent dispute arbitration, and set up a patent dispute arbitration institution of professional, regulate patent dispute arbitration procedure, etc, in order to establish effective patent dispute arbitration mechanism, improve and develop the arbitration system of patent dispute in our country.