Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law

Study on the Alternative Dispute Resolution of Patents Rights Dispute

Author LiuXiaoXue
Tutor YangChunPing
School Chongqing University
Course Procedural Law
Keywords Patent Patents rights Dispute Disputes Resolution ADR
CLC D923.42
Type Master's thesis
Year 2011
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Because of the development of modern communication systems, information can be spread in an extraordinary rate, on the one hand to facilitate the information needs of people, on the other hand the rapid dissemination of information, such as patent rights to the content of thinking and knowledge more likely been violated and resulting in disputes. The demand of quickly and easily to resolve patent dispute over the excessive growth increases, therefore, seek an efficient dispute resolution into the patent rights’needs.In this thesis, the author try to seek one resolution that is low-cost, high efficiency and better suited to resolve patent disputes, on the basis of the reality and the focus beyond litigation. In research methodology, the author uses empirical methods and comparative methods in this thesis to ask questions based on the practice of our patent dispute resolution. Combined with foreign advanced theory and practice of effective analysis and demonstration, and propose solutions.In addition to the introduction and conclusion, the thesis is divided into five parts, totaling about thirty thousand words.PartⅠdiscusses the basic theory of the dispute resolution of patents rights Dispute. That is different from the traditional property rights and other types of intellectual property rights, becoming the basis for the central idea of this thesis. At the same time, various models under the dispute resolution were compared to distinguish the pros and cons.PartⅡfocuses on the point that is put forward of the establishment of the Alternative Dispute Resolution of Patents rights Dispute, and finds theoretical support for it. The author analysis the pros and cons of the Alternative Dispute Resolution of patents rights dispute comprehensively. Combined with China’s actual situation, the author discusses the feasibility of this resolution.PartⅢwill be placed on the foreign field of vision theory and practice. It’s as a mirror as we can discover ourselves on the other hand. It warns us to avoid detours. Particularly focusing on the United States, the United States that developed the Alternative Dispute Resolution provides a fertile soil for building the patent rights dispute resolution. We should study its mature systems and successful procedures.PartⅣfocuses on three major models in China under the Alternative Dispute Resolution of Patents rights Dispute. These are mediation, arbitration and administrative mediate. The author analyzes the achievements and shortcomings in dealing with patents rights dispute in recent years. The three models in the patent space in the dispute resolution can play a bigger role next, to prepare for future improvement.PartⅤis the most important part of the thesis where is the innovation of this article. Based on the combination of theory and practice, the author proposes specific measures to improve the Alternative Dispute Resolution of patents rights dispute. From the consciousness level, system level, and external point of public view, we can improve and recommend the Alternative Dispute Resolution of patents rights dispute.

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