Research On Diversified Disputes Resolution Mechanism Of National Defense Patent Infringement

National defense patent relates to national security and economic development,reflecting the capability of defense industry,especially military industry for independent innovation and sustainable development,therefore constitutes an important criterion for national defense capabilities.Compared with ordinary patent,national defense patent is national defense oriented,with high confidentiality requirements and its transaction is bounded by administration.Thus,the infringement dispute settlement mechanism of ordinary patent cannot be fully applicable to that of national defense patent.Constrained by the imperfection of relevant legal system,the existing dispute settlement method of national defense patent is relatively single,which weakens the protection of national defense patent especially the legitimate rights and interests of patentee,and innovation stimulation in the field of defense technology will be inhibited in such situation.Starting from basic theory of law about the object characteristics of national defense patent and the connotation of right relief mechanism,etc,and by the means of field research and so on,the article analyzes deficiencies in legislation and practice of existing non-litigation and litigation infringement dispute resolution methods for national defense patent,refers to the experience of ex –traterritorial,especial US,confidential patent infringement dispute resolution,puts forward the viewpoints of improve the legal content in terms of legislation,and puts forward the viewpoints of reconstructing mediation,introducing dispute arbitration,strengthening administrative enforcement of law,constructing protection of administration of justice and strengthening system connection in terms of application of law,and puts forward specific suggestions for improving relevant laws and regulations:about the meditation and arbitration mechanism,this article proposes to establish the National Defense Patent Protection Association in the charge of the military,select arbitration and mediation talents through multiple channels,clarity the scope and procedures of case acceptance;about the administrative settlement mechanism,this article proposes to strengthen law enforcement team-building,standardize evidence collection procedures in administrative investigation,grant administrative agencies the right to suggest infringement compensation and credit punishment;about the judicial litigation mechanism,this article proposes to clarify the jurisdiction of judicial filing,improve procedures of the court evidence collection and court investigition,improve the way to bear tort liability,et cetera.From two levels of theoretical system and practical operation.This article explores ways to build a multiple resolution mechanism for national defense patent infringement disputes and expect to make it a practical rights protection mechanism for national defense patentees.