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Alternative Dispute Resolution For Intellectual Property Disputes In Court Litigation

Posted on:2007-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2166360212978174Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Because of the rapid progress of science and technology since the end of last century, the protection of intellectual property is more exigent given a stringent time limited. At the same time, the consciousness of self-protection on intellectual property has gone deep into people's minds gradually, bringing on the situation in the court where disputes related to intellectual property have dramatically increased in the last 10 years. The high speed of the changes occurred on science and technology and the high profit of generation put forward a new challenge to the court. This article begins by introducing the concept of ADR and its types, essential elements, and basic functions. Part II of the article goes on to looks back the history of development of IP in our country. The author also provides a full picture of the characteristics of intellectual property disputes and how they differ from other disputes traditionally resolved by mediation in China such as divorce, family and inheritance. Intellectual property is related to public interest, as involving confidentiality and, originality of the invention, and potential commercial competitiveness. By comparing the advantages and disadvantages of litigation in intellectual property disputes, the article comes to a conclusion that the reason which produces irregularity lies in the lack of legislation,litigation practice, and judicial resource. Part III shows some potential problems arose in the process of traditional dispute resolution of intellectual property through litigation. By comparing the advantages and disadvantages of litigation in intellectual property disputes, the article comes to a conclusion that the reason which produces irregularity lies in the lack of legislation,litigation practice, and judicial resource. And in part IV, the author try to look for experience of dispute resolution through ADR in the developed countries on intellectual property. At last, the author gives a practical study on the system of ADR on resolving IP disputes in the procedure of litigation. Court-performed ADR in China should be rebuilt in the following three aspects as basic principle of ADR, subjects of mediation and material mechanism in intellectual property litigation. This part gives a new idea that court-performed ADR on resolving IP disputes should be divided into three different phases. According to the particular characteristics during each phase, some speciallitigation procedure such as interlocutory injunction, custody to the property and evidence, and judicial identification can be exercised. Furthermore, the connection and correspondence between different procedures of litigation should be emphasized in the whole process of ADR, so that the rate of success on mediation can be raised and the IP disputes will be resolved efficiently and reasonably.
Keywords/Search Tags:Intelletual Property, Court-performed ADR, ADR mechanism
PDF Full Text Request
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