A Study On Arbitrability Of Disputes Over The Validity Of Intellectual Property Rights Under Contract

With the development of knowledge economy, networking, artificial intelligence, physical information system, "the industry 4.0" is sweeping the world, China has also put forward the "Made in China 2025". The protection of intellectual property rights is becoming more and more important. In order to ensure the formation of our country mass innovation, peoples entrepreneurship situation, we must to protect the rights of intellectual achievement, so as to ensure their enthusiasm. From the view of the world, so all countries. Intellectual property disputes with the development of the times, the number and complexity of the already more than before, and the settlement mechanism of diversification. The very early has become a convenient and efficient dispute resolution mechanism, before more is to take it as the supplement and the existence of litigation. But the passage of time, when combined with the arbitration and intellectual property disputes, also slowly through the many difficult journey, at present, for intellectual property infringement disputes, intellectual property, contract disputes by arbitration to solve in the world has been widely recognized, however, for intellectual property disputes over the validity problem, in various countries being differ greatly. Our country can use the arbitration mechanism to resolve disputes over the validity of intellectual property, this paper will elaborate on the feasibility, a hope arbitration mechanism can more and more popular in China.There are five chapters in this article:The first chapter is the introduction part, introduces the application of the current situation of the dispute to arbitration in the field of intellectual property, introduces the development background of the arbitration, and the classification of intellectual property disputes. The author introduces the general situation of the world through the arbitration mechanism to resolve the dispute of intellectual property disputes in the.The second chapter is the problem this chapter, this part respectively in the two cases at home and abroad, through description of two cases of different solutions, and puts forward the problems:Disputes over the validity of intellectual property in our country not may be submitted to arbitration. At present, administrative and judicial proceedings to solve the validity of the intellectual property right is the main means of our country, with more and more intellectual property cases, can can not find more problem solving way to help the justice to share the pressure it. This has become the direction of the author’s thinking, and then the arbitration as the focus of the study.In the third chapter, we introduce the necessity of choosing arbitration, find a new way out of the litigation, and the litigation mechanism mainly include regulation, arbitration and so on. In this chapter, the author describes the reason and significance of choosing arbitration.The fourth chapter introduces the feasibility of arbitration to the validity of intellectual property. Is the focus of the article, mainly from three aspects of the feasibility, and then on the basis of the understanding of the arbitration proposed arbitration mechanism to build and improve the mechanism.The fifth chapter is the conclusion part. It makes a brief exposition of the characteristics and significance of the use of arbitration mechanism to resolve the validity of intellectual property rights.