A Legal Study On The Arbitrability Of Intellectual Property Disputes

In the rapid economic development and international standards today,a variety of new intellectual property rights to adapt to the new,traditional litigation because of long cycle,high cost,professionalism is not strong,poor confidentiality and other shortcomings are no longer suitable for this new type of dispute resolution,Intellectual property arbitration has its own professionalism,confidentiality,low cost,short cycle,easy to extraterritorial recognition and implementation,and benefit to the future cooperation of the parties and so on.In the pluralism dispute settlement mechanism stand out.At present,most countries recognize that intellectual property rights in the nature of the contract and the nature of the case of infringement of the arbitrability,but when it comes to the effectiveness of intellectual property rights,because of "public policy" and refused to recognize its arbitrability.In the case of IP cases,especially in the case of validity,it can be seen that the result of arbitral award is relative and only binding on the parties.Therefore,it is not enough to cause the harm to national interests mentioned in "public policy".Sexual consequences,so I believe that intellectual property cases are arbitrable.By analyzing the relevant concepts,clarifying the controversial issues and comparing the relevant provisions of foreign countries,the author draws the conclusion that the disputes of intellectual property rights are arbitrable.From the arbitration system itself and the non-arbitration system itself to reflect the two latitudes of China's intellectual property dispute resolution mechanism deficiencies,and then from the above two aspects of the proposal to further improve the relevant provisions,especially the relevant arbitration institutions and the convergence between the executive authorities,Thus ensuring the development of intellectual property arbitration.