On The Application Of Alternative Dispute Resolution For Intellectual Property Rights

At present, it's a curucial way for the interest of economic society to apply reasonably ADR and establish efficient dispute solution system of intellectual property rights. ADR becomes the significant research topic on the intellectual property rights management in the main countries all over the world. As for China, it's one of the important contents for the implementation of national intellectual property strategy to explore an ADR solution system appropriate for the intellectual property rights.The article integrates the traits of the disputes arising out of intellectual property rights, analyzes the strategy and weakness of two the dispute solution systems-lawsuit system and non-lawsuit system with cost analytical method, and points out that under the background of knowledge economy, the dispute solution system of intellectual property rights shows itself the trend to be efficient and pluralistic and ADR presents increasingly importance in solving the disputes arising out of intellectual property rights.Afterwards, the basic principles of ADR have been introduced. The ADR application regulation and developing trend in major developed countries and regions has been studies systematically. On the basis of the analysis and comparison on application regulation and developing trend in different developed countries and regions, it summarizes the merit trend and system pattern for its system design, which serves as the necessary references for China.On the above bases, the author made the designs for the innovation of China's ADR application system from the aspects as basic idea for the system design, standard for the system selection, the system pattern and so on, which represents the difficulty and also the innovation in the research area.On the basic idea for the system design, the article brings forward the series of thoughts: on one hand put courts as the major solution channel, positively promoting ADR in courts; on the other hand, extending the solution channels besides courts, making full use of the existing resources. Especially based on administration and arbitration, diversified ADR should be fostered positively. A plural ADR integrated with administration and public need to be set up to realize the feedback among all disputes for meeting the needs of parties and social governence.On the standard for the system selection and the system pattern establishing, the author claims that we need to keep to efficient, convinient and practical standard to set up a plural, efficient intellectual property rights ADR system. On the model construction, it's considered that to construct a set of ADR with feedback, we should apply the following countermeasure: put forward standard for policy selection and measure for policy innovation on how to promote the usage of ADR from the following three aspects, to strengthen coordinated management with the international organization, government management and enterprise management of intellectual property right.On the major management system design, the author, by means of investigation of the present situation of enterprises intellectual rights disputes solution in Wuhan city and SPSS 16.0, established a countermeasure model to solve the enterprises intellectual rights disputes, framed and implemented enterprisal intellectual property rights strategy and provided the scientific decision-making evidence for proper disputes solution methods' selection.