On Resolving Intellectual Property Disputes Through Arbitration

Bacon’s "knowledge is power" is a true portrayal of feelings and reality In our times.The current international society is the era of knowledge economy. Science as the leading productive era and as economy globalization and economic integration era. The economic ties between enterprises is becoming more and more frequent and close economic ties, related technology is also along with the increasing of economy. Litigation as a mechanism to resolve intellectual property disputes, because of its time consuming, high cost,limited resources and other factors of the trial has been unable to meet the growing and increasing complex needs of intellectual property disputes.Compared with litigation, arbitration has the advantages of low cost, flexibility, the trial period is short, good secrecy and doesn’t affect the relations of cooperation and other advantages, and gradually gained the recognition of the world.Intellectual property dispute settlement mechanism includes litigation and alternative mechanism(ADR).ADR mainly include mediation and the negotiations.The dispute settlement mechanism has different characteristics in different. As for this,This paper compares the main dispute resolution mechanism by chart and think that Arbitration has certain advantages.This paper think that Intellectual property disputes arbitration is based on the settlement,mechanism and analysis it from the conditions and the scope of intellectual property arbitration, and analysis of the problems of application of law of intellectual property dispute.This paper briefly introduces the intellectual property disputes arbitration in some major countries and international organizations in the settlement mechanism. And has carried on the comparative analysis to find the common points.This paper introduces the present situation of our country’s intellectual property disputes arbitration, and points out the problems. Based on the actual situation of the domestic and foreign legislation and judicial practice of intellectual property arbitration, and put forward some suggestions to improve the intellectual property disputes resolving mechanism of our country.