A Study On The Legal Regulation Of Civil Disputes Over Intellectual Property Rights In China

In the era of globalization and knowledge economy in China,for individuals,businesses and even countries,the important role of intellectual property rights are increasingly prominent.The protection of intellectual property rights of intellectual property rights in our country is also strengthened,which is beneficial to the development of China's intellectual property strategy.As a private and intangible property of intellectual property rights,with different from the general characteristics of civil and commercial rights,as its object of intellectual property civil disputes compared to the general civil and commercial disputes,with professional,timeliness,confidentiality,urgency,etc.Because of intellectual property rights and intellectual property rights of civil disputes is different from the ordinary civil and commercial rights and civil and commercial disputes the particularity of the intellectual property rights of civil disputes have an impact,as the study of traditional litigation to resolve disputes outside the non-prosecution approach to solve intellectual property rights The starting point of civil disputes.In the face of the increasing number of civil disputes in intellectual property rights,China's existing solutions to the current situation: China's long-standing formation of a single litigation-based dispute resolution,has been far from being able to meet the large number of diverse and complex intellectual property The needs of the dispute case,the length of the proceedings of the proceedings long lead to the court of intellectual property rights of civil disputes in the accumulation of cases,so that disputes can not be timely and effective treatment.Therefore,it is necessary to improve our country's non-litigation to solve the civil dispute mechanism of intellectual property rights and construct a diversified intellectual property right civil dispute resolution mechanism.To perfect the legal regulation of intellectual property disputes in China,it is helpful to improve the theoretical system of diversified dispute resolution mechanism in our country and make our country truly form a complete legal system of pluralistic dispute resolution mechanism.In practice,Which will help to relieve the pressure of the court and realize the reasonable diversion of intellectual property cases,and timely and effective handling of intellectual property civil disputes is also conducive to the protection of intellectual property rights released by the economic interests of the effective allocation of social resources.Therefore,after discussing the status quo and limitations of the current single dispute resolution mechanism in China,this paper summarizes the current situation and the main problems of the non-litigation dispute resolution mechanism of China's intellectual property rights civil disputes,which is beneficial to the typical countries and the international community The international experience to learn from,so as to improve China's intellectual property rights civil dispute resolution mechanism of the proposal.This paper discusses the special requirements of the dispute resolution mechanism based on the particularity of intellectual property rights and intellectual property rights civil disputes.Then,through comparative analysis,comparative study and induction,this paper explores the litigation solution of civil dispute settlement in China Arbitration,litigation and ADR,etc.,the formation of China's intellectual property litigation solutions and non-solution solution to coexist,litigation,arbitration and ADR combined with the use of a wide range of dispute resolution mechanism;and the domestic On the basis of the study of dispute settlement mechanism,the international beneficial experience of selective learning,with a view to establishing a national conditions for the establishment of a wide range of intellectual property rights civil dispute resolution mechanism,that is,for different types of intellectual property rights of civil disputes Respectively,apply or combine applicable litigation,arbitration,ADR or WIPO to achieve a reasonable split of cases of intellectual property rights of civil disputes,but also to achieve timely and effective solution to intellectual property rights civil disputes,maintenance of social resources allocation purposes.The first part of this article discusses the contents of intellectual property rights and intellectual property rights civil disputes,introduces the meaning and type of intellectual property rights and intellectual property rights of civil disputes,and through the analysis of intellectual property rights of civil disputes in particular,so the intellectual property rights of civil disputes The necessity and feasibility of the solution are analyzed,and the object of this paper is put forward,which lays the theoretical foundation for the whole paper.The second part,the intellectual property rights of civil disputes litigation and non-litigation solution to the comparative study.Firstly,it discusses the status quo and limitations of the litigation settlement of civil disputes in China.Secondly,it analyzes the legislation,judicial and law enforcement status of arbitration,mediation and other dispute resolution methods of civil disputes in China,and then analyzes the present situation,Come to China's intellectual property rights of civil disputes,non-litigation to solve the legal problems of the main problems.The third part is from the perspective of reference through comparative research methods,respectively,to explore the typical foreign countries,the United States non-litigation resolution mechanism and the international community WIPO mediation and arbitration system status,aimed at the mountain stone to attack jade,trying to find the most suitable for Non-v.Settlement Mechanism of Civil Disputes over Intellectual Property in China.In the fourth part,based on the research of the second part and the third part of the article,aiming at the present situation and the main problems of the civil dispute of intellectual property right in China,combining with the useful experience of the typical countries and the international community,Foreign useful experience and the actual situation in China,so as to China's intellectual property rights civil dispute resolution mechanism to establish their own recommendations.