The Analysis Of The Path Of Settlement For Intellectual Property Conflict Among China’s Mainland And Hong Kong And Macao

The Intellectual Property conflict among China’s mainland, Hong Kong and Macaoexists at a specific historical, economic, cultural and other reasons, there aredifferences both of the substantive law and procedure law of intellectual property law.All these differences restrict the inter-regional economic exchanges and cooperationin essence. To establish and realization of the closer cooperation area of Guangdong,Hong Kong and Macao requires to establish a system of coordination mechanism toresolve the intellectual property conflicts in practice fundamentally. Through logicalanalysis and comparative analysis, learn from international experiences, imagine totry first in Guangdong, Hong Kong and Macao, Legal first,to complete Constitution,Legislation Law, Local Organization Act and other relevant laws. Give localgovernments the right to conclude intergovernmental cooperation agreement, andmake principled and relatively specific provisions to its entry into force, effectiveprocedures, dispute settlement. Complemented by a relatively complete set ofcoordinating bodies at the same time, which is to establish a double intellectualproperty system which is to "Guangdong, Hong Kong and Macao IntellectualProperty Rights Coordination Bureau" as the core, complemented by priority system,the conversion application system, special jurisdiction of the court system and othersystems. And also give full play to the role of Professional groups and civil societyorganizations at the same time, expecting to help the resolution of intellectualproperty conflicts in China mainland, Hong Kong and Macao.