浅析专利国际纠纷的非诉解决方式.pdfVIP

Abstract With the increasing economic globalization and the prosperity of the knowledge economy, the number of the multinational patent disputes increases dramatically. It has increasingly become an essential way for the maximum interest of economic society to establish an economical and less time-consuming dispute solution system of multinational patent disputes, which is indispensable to every countries’ foreign intellectual property rights protection. With the theme of the times: Peace and Development, it has been the common voice of the international community to establish an efficient dispute solution system, which focuses on cooperation and communication, praises highly respect and tolerance and proposes harmonious idea. However, the parties concerning multinational patent disputes often pay a double penalty for the litigation with so many drawbacks, since litigation isn’t qualified for the multinational patent disputes with sophisticated specialty, large sum of object, complex legal relation, contradictory application of law and multi-jurisdiction. In the 1960s— 1970s, realizing the gap between the procedural justice of civil action and the substantive justice the parties desires, the developed countries in the West launched a judicial reform wave access to justice proposing the application of ADR. However, it has been a long time for the creative application of ADR to multinational patent disputes to gain the international community’s conditional acceptance. With countries enlarging the scope of public interest, ADR is applicable for the patent field handled only by suit otherwise. The rul