On The Application Of Court Annexed Alternative Dispute Resolution For Intellectual Property Rights

hi modern society, with the increasing importance of the intellectual property rights and the increasing awareness of intellectual property rights protection, the disputes relation to intellectual property rights have been increased sharply. Because of the professional and complexity of dispute in intellectual property and the insufficient number of organization in society relative to the number of disputes in intellectual property, litigation is the main method to resolve the dispute in intellectual property. It is too much for court to resolve so many dispute in intellectual property, as a result, the efficiency for court to resolve dispute in intellectual property is poorer than before. The author have a belief that it will reduce the antagonism between the parties and improve the efficient in resolving of dispute in intellectual property if we apply court annexed alternative dispute revolution to resolve dispute in intellectual property. And if we do like this, we can practice what a harmonious society concept, and relieve the adjudge pressure and it will be a crucial way to release the efficiency of intellectual property. In order to resolve the difficulties what courts face, the author attempt to how to resolve intellectual property with court annexed alternative dispute revolution in this thesis, and if so, we can resolve intellectual property dispute with alternative dispute revolution in case that dispute has already entered the court.The first chapter introduces the content and its particular characteristics of the intellectual property rights and laws concerning intellectual property rights disputes, characteristics, the concept of classification and the status quo was analysed.In the second part of this article, the author explains settlement mechanism of intellectual property dispute. By analysing the present settlement of the intellectual property rights disputes,Ⅰthink the there are limitation to solves intellectual property rights disputes by action, and it is unable to meet the needs of intellectual property dispute. And the author agree that there are advantages to solve intellectual property right dispute by court annexed ADR through comparative analysis, but there are defects in the use of the court annexed conciliation and the author explains the reason.In the third part, the author studys the present situation of dispute resolution through court annexed ADR in the developed countries on the intellectual property, such as British and America and Japan, so we can study the experience of foreign.At the fourth part author's aim is to show that at our country it is feasible to constructed judicial ADR to resolve intellectual property dispute.At last, the author gives a practical study on the system of ADR on resolving intellectual property disputes in the procedure of litigation. Combined with the status of our country we should choose court annexed mediation and court annexed arbitration and court annexed mediation--arbitration and neutral experts fact-finding. The author study the principles to choose neutrality and mechanism of publicity and incentives in economic, and set up monitoring procedures and relief program so that solve intellectual property rights disputes efficiently and equitably.