Improvement Of Settlement Mechanism Of Trademark Infringement Disputes

With the continuous development of China's economy and the increasing consciousness of the protection of intellectual property,the amount of the intellectual property infringement disputes especially the trademark infringement disputes in our country are increasing very quickly,which results in more and more pressure to the social,especially the judicial organs and delay in settlement of trademark infringement disputes.Under the background of the dual track system of administrative protection and judicial protection,the judiciary has become the main channel of intellectual property protection,and the judicial resources are becoming more and more serious.Therefore,in order to reduce the waste of judicial resources,as well as improve judicial efficiency,exploring the litigation and litigation dispute resolution coordinated operation mode,and realizing the dispute reasonable divergence to improve the efficiency of solving disputes has become unavoidable important problem.However,because in practice the judiciary overemphasize and attaches great importance to the rate of mediation,the mediation rate as an important index in evaluating the work of the court,so the court and the judge may tend to mediate and it is difficult to avoid the happening of forcing the parties to mediate in proceedings.On the other hand,due to in practice courts lack classification criteria of the intellectual property dispute cases which should be solved by mediation or decision,it can not be able to effectively screen out the cases which should be solved by mediation,which leads to the court may mediate on the inappropriate case and that it can not solve the dispute effectively,but will delay the case of normal hearing and judicial efficiency.Therefore,how to distinguish the types of disputes,to explore a reasonable diversion of standards,methods and procedures,the establishment of an effective operating mechanism becomes a problem that needs to be solved urgently.Game theory is a theory that studies human behavior choice by using multi-discipline method.It can effectively solve the problem of the solution and the mutual influence factors of multi-agent.From the perspective of game theory,through the analysis of the interests of the two parties in the trademark infringement dispute,we can identify the interests of the parties and determine whether the dispute can be mediated or not,and whether the mediation procedure or the litigation procedure can be introduced,In this paper,the game theory is applied to analyze the game process of the parties in trademark infringement and to put it clear that pre-litigation mediation is suitable for some particulartrademark infringement disputes and the trademark infringement disputes in which the amount of the litigation is relatively small and the dispute is small too,for instance.And mediation in the suit is suitable for some particular trademark infringement disputes and the trademark infringement disputes in which the amount of the litigation is relatively small and the dispute is relatively large in certain circumstances,and litigation procedure is suitable for other trademark infringement disputes.On this basis,this article puts forward some improvement on the settlement mechanism of trademark infringement disputes,so as to realize the reasonable and effective split of disputes and improve the efficiency of dispute resolution.