To Study the Essentiality of Patent Arbitration from the Perspective of the U.S. Legal Regime

• Main Authors: Lo, Minwen, 羅敏文
• Other Authors: Chen, Wenyin
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/51439508362915177344

碩士 === 國立中正大學 === 財經法律學研究所 === 101 === Owing to the hot sales of smart phones and tablet personal computers, the patent wars between high-tech industries become more and more widespread. Patent infringement lawsuits of smart phones also become the focus that worldwide high-tech industries and legal fields concerned. However, patents usually involve highly complicated technology and commercial elements so that patent litigation procedures are always time consuming and expensive for the parties. Therefore, the purposes of this thesis are to confirm the essentiality of patent arbitration and to analyze the U.S. as well as WIPO legal regimes of patent arbitration. Having analyzed the situation of patent arbitration and patent lawsuit, the author found that solving patent disputes by arbitration is more rapid, economic, professional, and confidential than following pursuing litigation, so patent arbitration is necessary. The reasons why patent arbitration is not a common way to solve patent disputes in Taiwan are Taiwan’s legal regime of patent arbitration isn’t established well and the public aren’t familiar with patent arbitration. In order to attract parties of patent disputes adopt arbitration to solve disputes, the author believed that the U.S. and WIPO legal regimes of patent arbitration could be models for development of our nation’s patent arbitration. However, we need to provide reasonable measures so as to establish a perfect patent arbitration, such as rules of evidence for investigation procedures, provisional measures, and approval of arbitrability of patent validity.