Research On Arbitration System Of Intellectual Property

Intellectual property arbitration refers to the parties in intellectual propertydisputes to voluntary negotiation will dispute to arbitration, arbitration institutionsalso admitted the effect of award and willing to be constrained.The system in thesettlement of property disputes,in the dispute settlement mechanism is more thanother features.for efficient convenient, fast and stronger security, caused the attentionof international society.Because of the intellectual property rights dispute is differentwith other civil and commercial disputes, the high degree of complexity andspecialization makes the difference between this kind of dispute settlement in generalcivil and commercial disputes.Therefore, all countries began to study the system, atpresent only a few intellectual property developed countries have established arelatively perfect arbitration system of intellectual property rights.The arbitrationsystem of intellectual property disputes in China is still in the initial stage, many ofthe relevant institutions as China’s arbitration system of intellectual property rightsfoundation is not perfect, not very good for the parties to provide professional legalservices.Therefore, in this paper, through analysis, comparison of foreign matureintellectual property arbitration system operation experience, analysis and induction tosolve the problems existing in China, intellectual property disputes in the process ofthe current through the general arbitration institutions and then, on the basis of itsperfection.The full text is divided into four parts, the main contents are as follows:arbitration system.The characteristics and advantages of the system definition,the system has made the explanation, in order to highlight the research on the value ofthe system.The dispute settlement mechanism and other solution makes the simplecontrast, highlights the superiority of intellectual property arbitration system, and thissystem in China has not been set up, which caused the writer’s thinking.The second part of this paper focuses on the core issues of intellectual property.rights of intellectual property disputes arbitration system of the arbitrability issues arediscussed.Respectively, qualitative analysis of the arbitrability of the dispute, theintersection of theoretical basis, and for the standard of the regulation are explained,and then discusses the infringement of intellectual property rights and ownershipdisputes. The third part of this paper focus on the intellectual property arbitrationmechanism analysis.Since China started late in the field of intellectual property, thespecific arbitration institution has not really set up.So the author selects the arbitrationinstitution outside of a comparative study of several typical, including largeinternational arbitration institutions and several of the world intellectual property tohighlight the strength of international arbitration institutions.The contrast analysis, theadvantages and disadvantages of these institutions, it is necessary to establish theintellectual property arbitration institution specialized.Our country in this field in theexploratory attempt some, although the effect is not remarkable, but still has the verygood practical significance.Based on the summary of practical experience andreference for the analysis of typical examples of foreign countries, will be for ourfuture success in setting up intellectual property arbitration institution dedicated toprovide reference.The fourth part of this paper focuses on the improvement of China’s intellectualproperty arbitration system and puts forward some suggestions on perfectingthe.Mainly from the system construction, organization construction, as well as thebalance and other dispute resolution mechanism of relationship between thecomprehensive proposal put forward.I hope these suggestions can make a contributionto fill our current intellectual property arbitration system blank.