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Research On The Docking System Of Intellectual Property Disputes In China

Posted on:2016-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2356330512472523Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
With the rapid development of the knowledge economy era,information technology advances,the growing influence of intellectual property,intellectual property disputes frequent,value orientation and interest structure of social subjects diversified trend,led to litigation disputes single model has been unable to meet Modern society needs.Intellectual property disputes,professional,efficient and protect the interests of complexity timeliness and mediation,mutual benefit and other advantages fit,make mediation system is widely used in practical work.But intellectual property dispute resolution system is still not perfect,the need to seek a more convenient and efficient way to deal with intellectual property disputes,therefore,intellectual property disputes lawsuit and intermediation system came into being.Intellectual property disputes lawsuit and intermediation system in resolving disputes and protecting the lawful rights and interests,promote social harmony and stability,reduce stress court proceedings and other aspects of playing an active and important role.However,in practice and exploration in recent years,intellectual property disputes lawsuit and intermediation system of developmental delay,pending breakthrough innovation in order to discover its maximum efficiency.In the course of writing this article,the main use of theory with a practical way,by taking a descriptive study,comparative analysis,literature review research methods,empirical analysis,lessons learned method on Chinese intellectual property disputes lawsuit and intermediation system launched Specific and detailed analysis and argument.By analyzing the interpretation of the "Patent Law","Civil Law","People's Mediation Law" and other relevant laws and regulations,and the comparison between domestic and foreign intellectual property disputes around the city to establish domestic laws,regulations and policies v tone opinions docking system,combined characteristics of intellectual property disputes,intellectual property disputes v tune docking system to analyze the meaning of the definition,investigate complaints modulation intellectual property disputes arising inevitability docking system;combined with the practice of intellectual property around the city,each other,discussed the present stage of intellectual property disputes v.Status Legislative intermediation system and the implementation Effect and shortcomings,learn from the advanced experience of international judicial ADR system,on how to improve our intellectual property disputes v tune docking system efficacy reasonable proposals put forward by raising complaints outside the administrative mediation agreement,to promote knowledge Multiple property disputes settlement system boot,cohesion and security system,improve intellectual property lawsuit and intermediation legislative building,establish and improve the supervision system and other operational measures to continuously develop and improve the litigation,arbitration,mediation and other dispute resolution pluralistic system,and establish procedures to guide,judicial confirmation,guarantee the promotion,litigation services and other supporting systems to provide for the parties to intellectual property disputes convenient,efficient and diversified ways of dispute resolution and promoting effective convergence of administrative mediation and judicial proceedings,promote intellectual property disputes lawsuit and intermediation system healthy functioning.
Keywords/Search Tags:Intellectual Property Disputes, Diversified Dispute Settlement Mechanism, Docking Litigation and Conciliation, Judicial Confirmation
PDF Full Text Request
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