What does administrative adjudication mean?

Administrative adjudication refers to an administrative act in which administrative subjects examine and make a ruling on specific civil disputes (disputes) that are closely related to administrative activities between equal subjects according to legal authorization.

The subject of administrative adjudication is legal. Only when the administrative organ is authorized by law can it review and decide the civil dispute cases within the scope of authorization. Without legal authorization, administrative organs cannot decide and adjudicate some civil disputes on their own.

The administrative ruling must be carried out according to certain procedures: (1) the parties apply; (2) Accepted by the administrative organ; (3) Investigation and trial by administrative organs; (4) The administrative organ makes a ruling.

legal ground

Article 54 of the Patent Law of People's Republic of China (PRC) Any entity or individual that applies for compulsory license in accordance with the provisions of Paragraph 1 of Article 48 and Article 51 of this Law shall provide evidence to prove that it requested the patentee to license it to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.