The Arbitrability Of Intellectual Property Disputes

Intellectual property disputes arbitrability issue has been a huge obstacle to promotingintellectual property disputes settled through arbitration.A lot of experts believe thatintellectual property is a private property rights with public property, there are alsonational specialized intellectual property institution. If you allow intellectual propertydisputes resolved through arbitration, then it will cause damage to the functioning ofthese national institutions, while the wrong verdict will aols cause damage to thepublic interest.Bute in my study demonstrated that intellectual property disputes toarbitration will not cause harm to the public interest, it will play a role in promotingthe development of intellectual property, help protecting the legitimate rights ofintellectual property rights.There are four chapters of this writing,constructed of thearbitrability of the dispute, the legislative system and our system, domestic andinternational perspective on arbitrability of intellectual property disputes and so on.The main contents of the first chapter is arbitrability of the dispute overview, thedefinity of the arbitrability of disuputes.Then put forward the arbitrability of thedispute can be classified according to its controversial nature of subjective andobjective, then explore the basic elements of a dispute in order to have arbitrabilityFinally elaborate and enumerate the arbitration dispute system in other countrys.Inthis paper, the second chapter is about the world’s intellectual property disputesarbitration can be the attitude of the legislative classification, the United States, Switzerland intellectual property dispute arbitration is to take a comprehensivesupportive attitude; Britain, Germany, France and other countries to take the qualifiedsupport attitude.Intellectual property disputes may have been expanding the scope ofarbitration as an irreversible trend in the world.The second chapter will be dividedinto types of intellectual property disputes as contract type, type of infringement andvalidity disputes, and in turn make the analysis of these types arbitrable dispute.The third chapter focuses on the validity of arbitrability about intellectual propertydisputes.Many experts believe that due to the impact of intellectual property rights,itis a public interest and indeed the existence of specialized intellectual property rightsinstitution, so the validity of intellectual property disputes by way of arbitration is notappropriate to resolve.In this chapter the author will be on view of the above analysisand critique of theory, then will try to prove the validity of intellectual propertydisputes arbitrability.The fourth chapter will be combined with China’s nationalconditions arbitrability of intellectual property disputes to give some suggestions inthe development of our country.At this stage we will see the arbitration rules ofarbitration of disputes relating to intellectual property and elaborate analysis.Inwriter’s opinion China’s arbitration systems should keep step of other countries,weshould clear the arbitrability of intellectual property disputes in the range, and toachieve international standards system and personnel training both.