Patent administrative law enforcement personnel should have not only legal knowledge background, but also technical background. They can quickly understand and accept the technology, technical terms and technical contents stated by the parties, and can effectively combine legal knowledge with technical knowledge.
Therefore, according to the provisions of the patent administrative law enforcement measures.
The case-handling personnel shall hold the patent administrative law enforcement certificates issued by China National Intellectual Property Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Especially when the patent administrative law enforcement encounters difficult problems, you can also request China National Intellectual Property Administration to give necessary guidance and support.
It can be seen that in the process of dealing with patent infringement disputes, there are more opportunities for business discussion and exchange between the patent authorities and China National Intellectual Property Administration than the judicial organs. The patent authorities are relatively familiar with professional knowledge in various fields and have certain professional advantages.
The cost of safeguarding rights is high, not only the low compensation obtained through litigation is difficult to repay the economic contribution of safeguarding rights, but also the relatively long litigation cycle consumes the time and energy of the obligee. According to statistics, the actual compensation for patent infringement in China is only 80 thousand yuan on average. 2065438+In April, 2005, China National Intellectual Property Administration issued the Revised Draft of People's Republic of China (PRC) Patent Law (Draft for Comment) (hereinafter referred to as the Draft for Comment). The exposure draft will further strengthen patent protection, safeguard the legitimate rights and interests of obligees, improve the patent administrative protection system, promote the effective connection between patent administrative law enforcement and judicial protection, improve law enforcement efficiency, reduce the cost of patent rights protection, and create a fair, standardized and transparent rule of law and market environment.