Study On The Intellectual Property Dispute Arbitration:from The Perspective Of The China (Shanghai) Pilot Free Trade Zone Arbitration Rules

The boom of technology poses a challenge for the national intellectual property protection. However, compared to other countries. China’s Intellectual Property Right legal system started relatively late and it was in the80’s of last century that China has gradually established a relatively complete IPR legal system. So the establishment of a diversified intellectual property dispute resolution mechanism, including arbitration and mediation, is an important way to improve intellectual property protection at this stage.On September29,2013, China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the "Shanghai free trade zone") was formally opened. Since its inception, it has proposed to create an "Asia-Pacific intellectual property Center" and introduced a number of institutional innovations in the field of intellectual property. On May1,2014, Shanghai launched the first free trade zone arbitration rules--the China (Shanghai) Pilot Free Trade Zone Arbitration Rules and marked the commencement of setting a diversified intellectual property dispute resolution mechanism in Shanghai free trade zone. In view of this, I selected this topic and hope through the study of the arbitration in the area of intellectual property dispute to propose recommendations for the perfection of the intellectual property protection. This paper is divided into four parts:The first chapter introduces the background and significance of the paper, research status, research ideas and methods.Then, the second chapter discusses the general problem of the intellectual property dispute arbitration, briefly elaborates the related foreign legislation and law practice as well as the intellectual property arbitration of World Intellectual Property Organization.On this basis, the third chapter analyzes the intellectual property arbitration practice in China and focuses on China’s first Free Trade Zone Arbitration Rules--the China (Shanghai) Pilot Free Trade Zone Arbitration Rules and analyzes Interim Measures, Procedures for Small Claim, Reform in Appointment of Arbitrator(s) and Combination of Arbitration with Mediation.Finally, the fourth chapter discusses the prospect of intellectual property arbitration in Shanghai free trade zone and proposes some suggestions on the improvement of the dispute resolution mechanism of intellectual property.