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A Study On The Arbitrability Of Disputes Over The Effectiveness Of Intellectual Property

Posted on:2019-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ZhangFull Text:PDF
GTID:2416330545460308Subject:Law
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With the economic development,intellectual property has gradually become one of the core elements of international competition,and disputes related to intellectual property have also grown rapidly.Faced with a huge number of cases,traditional litigation solutions can no longer meet the actual needs.Therefore,the search for alternative dispute resolution methods is the long-term solution.Issues concerning the attribution of intellectual property rights,licensing contracts,and infringement disputes have reached consensus through arbitration to resolve the problems in various countries.However,there are major differences in the arbitrability of intellectual property rights disputes.The recognition of the effectiveness of intellectual property rights is a prerequisite for judging its legality.Arbitration is essentially a way for private organizations to resolve private disputes.At the professional level,specialized agencies that review the effectiveness of intellectual property rights are also much higher than arbitration institutions.The United States,Switzerland that hold a positive attitude believe that it is precisely because of the relative nature of intellectual property rights and the effectiveness of arbitral awards that it offers the possibility of arbitration.We summarized the current status and problems of the dispute over the effectiveness of intellectual property in China by comparing.Not only is there a lack of legislation,and because practices have caused difficulties.Finally,this article seeks to propose relevant feasibility proposals on the basis of coordinating arbitration systems,balancing civil rights and public interests,so as to promote the development of intellectual property disputes in the field of arbitration systems in China.
Keywords/Search Tags:the validity of intellectual property rights, arbitrability, public policy, legislation practice
PDF Full Text Request
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