Study Of The Disputes Treatment Mechanism Of Japanese Intellectual Properties

Since the end of the 20th centaury the development of information has been accelerated very much by the coming era of knowledge economy, accompanied by the increasing influences of Intellectual Property (IP) and the high speed and high income of the technological upgrades. All these new factors made the legal disputes in the field of IP more and more common today. And the professional and complexities of these disputes have formed a great new challenge to the development of the IP. The intrinsic properties of IP usually build various barriers for the legal resolution of the related disputes in this field. But the Alternative Dispute Resolution (ADR) has been playing more and more important roles in the practical resolution of these IP disputes, due to their special advantages such as simple, economic, quickly, professional and classified. Particularly the traditional arbitrative method of ADR, which has a rather long history, has been widely applied in the resolution of the IP disputes. In Japan, along with the development of its policy of "Building Country on Intellectual Property" and the revolution of its legal system, the mechanism of the resolution of IP disputes has obtained a full development. In this respect, Japan has its particular experience in the resolution of IP disputes, and its related mechanism has grown much more advanced compared with other countries.In this thesis, the legal resolution of IP disputes in Japan has been studied systematically from the view points of both legal theory and practice. And this study is expected to bring some new suggestions for our own system in our country, by considering the fact that more and more IP disputes are taking place today.ChapterⅠintroduces the situation of and the resolution institutions of IP disputes in Japan. As we all know, the IP disputes have risen more and more frequently since the beginning of the 20th centaury. And their professional properties as well as their complexities have formed a new challenge to the development of IP. By studying the concept, connotation and properties of the IP disputes, this chapter aims at deepening the understanding of the common IP disputes.ChapterⅡintroduces the principles applied in the legal resolution of IP disputes in Japan. The introduction starts from the Japanese legal background of the resolution principles, and extends to the special institutions of the Japanese courts and the mechanisms used in them. This chapter also introduces the advantages of the administrative judgment system in Japan, followed by the illustration of its important applications in the resolution of IP disputes.ChapterⅢtries to reveal that the Japanese ADR is actually the coexistence of the traditional mediation and the modern ADR. And it forms a multi-component system for the solution of disputes, together with lawsuit. Here the properties of Japanese ADR and the arbitratable problems are analyzed by studying the arbitration as an example of the ADR mechanism. This chapter is expected to deepen the understandings on the related legal problems produced during the arbitration of IP disputes.Other ADR methods, such as mediation and turnback, are introduced in ChapterⅣ. The analyses and comparisons between the several different ADR methods evidence that the quite important roles played by ADR in the solutions of IP disputes in Japan.ChapterⅤtries to build some connections between the current situation of IP disputes in our country and the successful ADR mechanism on the resolution of IP disputes in Japan. And here some suggestions are proposed for the development of our own resolving mechanism for the IP disputes.