Friday, June 4 2021 .

The Arbitration System of Patent Infringement Disputes in China

With the rapid development of the world economy, the protection of intellectual property rights has become increasingly important, and the number of intellectual property disputes, especially patent infringement disputes, has also increased. As one of the diversified dispute resolutions, arbitration has advantages in resolving intellectual property disputes and has gained more and more recognition worldwide. This article will briefly explore the arbitration system of patent infringement disputes in China.
Arbitration of patent infringement disputes refers to the behavior that the dispute arbitration institutions centered in accordance with the law to give a ruling according to the arbitration agreement between the parties. As a supplement to other dispute resolutions, the arbitration can not only effectively protect the rights and interests of the right holders through making the most of autonomy of the parties, but also effectively coordinate the interests of both parties, so as to resolve patent infringement disputes quickly, effectively and at low cost.
Ideally, where the parities conclude an arbitration agreement, they can apply to the authoritative arbitration commission for arbitration. The members of the arbitration tribunal are selected by the parties or appointed by the chairman of the arbitration committee. Therefore, when selecting arbitrators, they will choose experts who are familiar with the dispute and are proficient in the field. At this time, the arbitrator can effectively understand the content of the dispute and make a professional ruling.
However, when arbitration is used to resolve patent infringement disputes, there are still theoretical and operational obstacles.
First of all, there are defects in legislation related to patent infringement disputes arbitration. Article 60 of the Patent Law provides for the resolution of patent infringement disputes: reconciliation, mediation, administrative settlement, and litigation. But it does not clearly stipulate that patent infringement disputes can be handled by arbitration.
Although it is theoretically feasible to resolve patent infringement disputes by arbitration, it is often accompanied by disputes over the validity of patent rights and disputes over patent ownership. According to the relevant provisions in China, disputes over the validity of patent rights cannot be submitted for arbitration; certain disputes over the ownership of patent rights are also not arbitrable. Therefore, clearly to define the scope of patent dispute arbitration and to recognize the arbitrability of patent validity in the Patent Law and Arbitration Law are necessary.
Then, the absence of professional arbitration institutions for patent disputes is also one of the obstacles. Since patent disputes often involve more complicated technical and legal issues, it is often difficult to find an authoritative institution acceptable to both parties and arbitrators with technical and legal backgrounds and rich experience in patent issues to conduct arbitration. It is necessary to strengthen the construction of intellectual property arbitration institutions, such as to establish a specialized arbitration institution and to establish a special arbitrator admission system.
The arbitration of patent infringement disputes in China is gradually moving from theoretical discussion to practice. Based on the national conditions and drawing on the relevant excellent system design and practical experience of foreign countries, a patent infringement dispute resolution mechanism suitable for China's national conditions must be established in the near future. Borsam IP


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