Study On Special Arbitration System Of International Intellectual Property Disputes

International Intellectual Property Disputes, which happened in equal entities from different countries, is one part of International Commercial Disputes. It not only has the common characteristics of International Commercial Disputes, but also has its special characteristics. Although it could be settled by International Commercial Arbitration, it has its own requirements. World Intellectual Property Organization (WIPO) created the Arbitration and Mediation Center (WIPO Center) to provide the service of settling the International Intellectual Property without action. This Service includes arbitration and mediation, and the arbitration service is just this article desire to discuss, which is called Special Arbitration System of International Intellectual Property Disputes. WIPO Center Provide special regulations and services to satisfy the special requirements of International Intellectual Property, this special system appears the obviously advantages, as professional, confidential and low cost, and give the good example for lots of countries aspiring to settle its own arbitration system of Intellectual Property Disputes which has the external factors. After entering into WTO, China is also facing the problem of increasing of Intellectual Property Disputes which has the external factors, and it is necessary for China to make better its arbitration system of Intellectual Property Disputes having external factors.That is what this article intends to research, and to achieve the objection, this article is separated to four chapters.Chapter 1 is the general introduction of International Intellectual Property Disputes. It includes the definition, the classification and the cause of this kind of disputes.Chapter 2 discusses the arbitrability of International Intellectual Property Disputes. It proves the arbitrability from the negotiation and public policy, and points out the advantage of arbitration to settle the International Intellectual Property Disputes, and also give the support from main countries' practice.Chapter 3 is the description of the special arbitration system of International Intellectual Property Disputes. It first point out the default of general International Commercial Arbitration applied in International Intellectual Property Disputes. Then analyze the advantage and disadvantage of WIPO Center from four aspects, they are: the Submission Advisory Service, WIPO Arbitration Rules, WIPO Expedition Arbitration Rules and the Settlement of Domain Name Disputes.Chapter 4 is the reaction of China to Special Arbitration System of the International Intellectual Property Disputes. It first introduces the legislation of International Intellectual Property Disputes, then suggestion the constitution of the Special Arbitration System of the International Intellectual Property Disputes.