A Study On China’s Arbitration System Of Patent Infringement Dispute

Arbitrating patent infringement dispute refers to the behavior that the disputearbitration institutions centered in accordance with the law to give a ruling according tothe arbitration agreement between the parties. Because of the characteristics offlexibility, voluntary, professionalism, confidentiality and high efficiency, arbitratingpatent infringement dispute has been widely used in the US and European countries.But because of the lack of theoretical arguments and the shackles of traditional ideas,the practice of our country has just started. Firstly, this paper introduces thecharacteristics of patent infringement and its primary solutions, then analyze theadvantages of the arbitration to solve the patent infringement dispute, secondly, theauthor put forward the legal basis for the arbitration of patent infringement disputes, andfurther Draw lessons of the relevant system design and practice experience from WIPOarbitration and mediation center, and the US, Japan, France and other countries, andfinally the author put forward the legislative suggestions and concrete measures toperfect the system of arbitration of patent infringement dispute in our country.The second chapter of this paper mainly gives an overview on the arbitration ofpatent infringement dispute. First, it introduces several common resolution ways ofpatent infringement dispute. Second, the theme is proposed by introducing the meaningand advantages of it.The investigation and analysis of the arbitration system of patent infringementdispute in our country is put forward in the third chapter. On the one hand, the authoranalyze the relevant legislation in our country to provide legal basis for the arbitrationof patent infringement dispute, On the other hand, the present situation of the arbitrationpatent infringement dispute in our country was introduced, and then the existingproblems are pointed out from three aspects including legislation, organization setupand the procedure.Relevant legislations and practices of the WIPO arbitration and mediation centerand the US, Japan, Britain, France, Canada and other countries are introduced in thefourth chapter and fifth chapter to enlighten us on the arbitration system of patentinfringement dispute.Chapter six is the focus of this article. Firstly, the work train was proposed basedon the reality in our country, secondly, it comes up with some concrete measures to improve the arbitration system of patent infringement dispute in our country.