Arbitration Mechanism Research Of Intellectual Property Legal Disputes

With the increasingly development of knowledge economy, in recent years our country intellectual property disputes present spurt of growth. A large number of intellectual property litigation is difficult to digest the heavy burden for court, and the intellectual property litigation is also expensive time-consuming long process for clients. In this case, it is necessary according to the characteristics of the intellectual property disputes to seek alternative dispute resolution mechanism. Developing the intellectual property rights arbitration will be of great significance to help our countiy building diversified intellectual property dispute resolution mechanism, ease the enormous pressure of market orders which led by frequent cases related to intellectual property right ,promote the healthy development of the knowledge economy in our country ,construct power of intellectual property rights .In theory, the arbitration with professionalism?confidentiality?promptness and flexibility deeply fit the demand of the intellectual property rights dispute resolution, which should have great potential in the field of intellectual property rights dispute resolution. Because the public law nature in intellectual property law and its restriction on dispute resolution and rough arbitration interim measures, the arbitration litigation tendency results in the decrease of dispute resolution rate and so on, it led to the development of the arbitration of intellectual property rights in China is not ideal.In practice, present situation of Chinese intellectual property rights of arbitration is not optimistic. Firstly, the amount of professional intellectual property rights arbitration institutions are small and these institutions are hard to ensure its independence and professionalism;secondly, the intellectual property rights dispute arbitration industry's accepting cases amount are less; thirdly, the type of accepting cases of intellectual property rights arbitration are single which mainly concentrated in contract disputes, and infringement disputes and effectiveness of disputes are involving basically little.Therefore, it is necessary to expand arbitration case scope of intellectual property rights under strict supporting system, improve the temporary measures rules, and help the dispute clients accelerate the process of arbitration proceedings. Only in this way we can break the plight of the arbitration of intellectual property rights in China, and promote the further development of intellectual property rights of arbitration.