Research On The ADRs Of Patent Disputes In China

As more and more patents are applied for and retained in our country,people have a deeper and deeper understanding of the patent system,enterprises are more willing to protect their scientific research achievements through the patent system.then,there are more and more disputes about patent rights.Patent rights are different from ordinary civil rights,so the methods of solving general civil disputes can't solve patent disputes effectively,so,it is worth studying how to solve patent disputes effectively.Under the current legal system of our country,patent disputes are difficult to be effectively resolved by ADRs.Which ADRs is the most suitable for solving the patent dispute is worth discussing.The first chapter introduces the current patent dispute resolutions in China.Starting from the characteristics of patent disputes,this paper studies the actual situation of our country at the present stage.Litigation has not been able to solve patent disputes well,so it is necessary to introduce the ADRs.At the same time,the achievements of other countries in the ADRs are worth learning.The second chapter studies Arbitration,which is one of the main ADRs.This chapter studies the advantages of arbitration in resolving patent disputes firstly,then studies the scope of possible cases for arbitration to solve patent disputes,especially discusses whether the dispute of patent validity is suitable to solve by arbitration.Finally,the problems and shortcomings of arbitration in solving patent disputes areput forward.The third chapter studies two main kinds of ADRs--Administrative mediation and Administrative arbitration.Firstly,it reviews the history of administrative relief in patent protection,the role of administrative relief in patent protection,and the current situation of protection in China.then,it analyzes the advantages and disadvantages of Administrative mediation in the settlement of patent disputes,and the present situation of Administrative arbitration in China.The forth chapter discusses the limitation of ADRs in resolving patent disputes.This paper puts forward some suggestions on the three kinds of ADRs mentioned above,and puts forward some suggestions on the overall construction of the ADRs.