Study On The Arbitrability Of Intellectual Property Disputes

With the development of science and technology,the status of intellectual property rights in the country and the enterprise is increasing,and the competitive advantage of intellectual property can bring many benefits,such as economy,national defense and so on With the rapid development of science and technology and the development of knowledge economy and economic globalization,Intellectual property is increasingly becoming a strategic resource and core competitiveness of countries and enterprises.In December 2014 the State Council issued the “In-depth Implementation of the National Intellectual Property Strategy Action Plan(2014-2020)”,which is further implementation of the “National Intellectual Property Strategy Outline”.The settlement of intellectual property disputes is a prerequisite for the comprehensive improvement of intellectual property general ability and the fulfillment of innovation driven development.In addition to the traditional judicial and administrative channels to resolve intellectual property disputes,the arbitration of intellectual property disputes,because of its many advantages,gradually comes into many people's notice.However,the arbitrability of intellectual property disputes,especially the infringement disputes and the validity disputes,still hasn't be fully resolved.Therefore,this paper attempts to discuss this matter.This paper can be divided into three chapters,The first chapter mainly analyzes the advantages and disadvantages of the intellectual property arbitration,the advantages of the intellectual property arbitration are specialization,confidentiality,low cost,and the arbitration award is more enforceable in the world.The disadvantages of the intellectual property arbitration include that an arbitration clause or an arbitration agreement is the premise of arbitration of intellectual property disputes and so on.The second chapter first analysis the types of intellectual property disputes,for the classification of intellectual property disputes,some scholars claim that there are infringement disputes and validity disputes,while some scholars claim that there contract disputes,infringement disputes and validity disputes.Secondly,the second chapter focuses on the attitude and concrete operation model of intellectual property arbitration of some main representative countries in the world.Finally,the second chapter analyzes the development trend of the arbitrability of intellectual property disputes.The third chapter analyzes the current legislative situation and judicial practice of intellectual property arbitration in China.In respect of legislation,the arbitration law,the civil procedure law and the New York Convention constitute the basis for defining the scope of arbitration.At the meantime,the third chapter,according to the copyright law,the patent law,the trademark law and other intellectual property laws and other relevant provisions,analyzes the arbitrability of copyright disputes,patent right disputes and trademark disputes.In the aspect of judicial practice,this paper analyzes and studies the newly developed intellectual property arbitration institutions and the relevant arbitration rules,and selects some arbitration organizations to study the admissibility and ruling of the intellectual property disputes.And the third chapter also puts forward some suggestions on the development of the arbitration of intellectual property disputes in China.China should make clear the legal provisions of the scope of the arbitration of intellectual property disputes,expand the scope of the arbitration or explicitly provide arbitration events in the intellectual property legislation to give the parties a clear guidance.Besides,professional intellectual property arbitration bodies should play an important role.A reasonable adjustment of the administrative,judicial and arbitral resolutions for intellectual property disputes may create a better intellectual property protection system for the parties.