Study On The Arbitration Of International Intellectual Property Disputes

International intellectual property disputes, can also be known as the foreign-related intellectual property disputes, intellectual property disputes occurred between transnational subjects with equal. As a special type of international commercial disputes, there are both general international commercial disputes in common and its own particularity. Today, the international intellectual property disputes grow with the rapid economic development and the number increasing more and more,and how to resolve this dispute can be more responsive to social development has become an academic concern. International intellectual property disputes settled by arbitration has been more and more countries to accept, arbitration as an ancient dispute settlement mechanism, it’s fast, efficient and able to fit with the needs of social development. But Traditional legal theory that intellectual property disputes can not be resolved through arbitration, the other hand, the view from the judicial practice in recent years, arbitration in the field of international intellectual property disputes play out the more to the greater role, therefore, whether the international intellectual property disputes arbitrability has become a point of contention among scholars.Arbitrability determination is the primary issue in the arbitration proceedings. When a dispute applicable to arbitration, the first to be considered is that it can not be submitted to arbitration, not arbitration disputes, it is necessary to choose other ways.The nature of the arbitration issues, in the final analysis, belong to the category of public policy. A dispute is submitted to arbitration in accordance with the laws of one country, depending on the public policy areas determined by the law of the country. Therefore, due to the different understanding of public policy, led to countries defined the type and scope of the arbitration of the matters in dispute is not the same. Even so, led by the process of economic globalization, the International Commercial Arbitration is also moving in the direction of harmonization of development, and in this context, the arbitrability of the matters in dispute also gradually showed two major trends:First, the commonly used international arbitration Development favorable position to explain the issues in dispute arbitrability; Second, the expansion of the scope of arbitration matters in dispute does not happen overnight, but to be the first to admit to the international dispute may be submitted to arbitration, then the transition to the recognition the arbitrability of domestic dispute.