A Study On International And Regional Patent Rights Dispute And Solutions

• Main Authors: Wang Chun-Lin, 王俊麟
• Other Authors: Lai Lai-Kun
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/99911650724944283497

碩士 === 玄奘大學 === 法律學系碩士在職專班 === 100 === This paper would like to search the whole of the literature a variety of starting, the use of integrated whole, analysis, discussion, assessment and discussion of the method, first discussed between the international and inter-regional patents often occurs with the relevant provisions of controversial issues, the analysis of its which may apply to resolve disputes? In addition to the adversarial nature of litigation , there are new ADR mechanism and settlement mechanism of international organizations to choose , and then discuss the use of a patent dispute with the interaction of private international law, hopes to find the most efficient, economic and Botox aims to expose the mechanism to resolve disputes.This paper is divided into six chapters like twenty-three, summary taken are: Introduction of the first Chapter to explain study motivation, purpose, scope and methodology. Chapter II is foreign or regional patent disputes, introducing the international and regional of the international patent disputes type, resolution mechanisms, litigation, arbitration and other applicable law on private international law issues. The third chapter will be the most confrontational nature of the international mechanisms of action are discussed, respectively, discussed international and cross-strait on the use of the patent litigation. The fourth chapter of the Strait in the ADR mediation, conciliation, mediation and arbitration mechanisms of professional coloring on the relevant provisions of the current use and interactive case. Chapter V describes the international and regional inter-related organizations with patent protection, treaties and dispute resolution mechanisms such as the WIPO Arbitration Center of the system and applies. Chapter VI is conclusion, to clarify the optimal solution in this paper that international and regional of the international patent dispute mechanisms and recommendations.