The Construction Of The "One Belt And One Road" Intellectual Property Arbitration Center

With the deepening development of international cooperation under the "one belt and one way" initiative,trade between countries has become increasingly frequent.Intellectual property rights are playing an increasingly important role in the "one way and one way" trade exchange,contributing to the communication and common development of countries and regions in the region.However,disputes over intellectual property rights,such as patents,copyrights,trademarks and so on,have become more and more intense among private entities in the region.The inherent regional characteristics of intellectual property make it difficult to play its role in solving disputes by judicial means.The traditional methods of solving disputes by litigation can no longer meet the needs of the development of intellectual property disputes.At this time,the advantages of arbitration have been embodied,because of its natural compatibility with intellectual property cases,more convenient and flexible than litigation,easy to implement and other advantages gradually emerged,playing a very important role in trade exchanges between countries along the line,and playing an increasingly important role.In practice,since the existing arbitration institutions are established according to their own specific circumstances,the "one belt and one way" intellectual property dispute is lacking in pertinence and professionalism when applying the existing arbitration mechanism,and can not deal with the problem in time.Facing the new trend of the development of intellectual property rights and the existing dispute settlement mechanism under the background of "one belt and one road",The author thinks that it is imperative to construct an arbitration center that is compatible with the development characteristics of the "one belt and one road" intellectual property.This paper tries to analyze the necessity and feasibility of constructing an intellectual property Arbitration Center,analyzes why it needs to build such an arbitration center,and the conditions that the arbitration center already has at the present stage,and then puts forward the path and system assumption of constructing the "one belt and one way" intellectual property arbitration Center suitable for the region,with a view to further building the "one belt and one road" construction.Promoting the effective resolution of disputes over intellectual property rights and providing some legal suggestions.In addition to the introduction and conclusion,this paper is divided into three parts:The first part mainly analyzes the necessity of constructing the "one belt and one way" intellectual property Arbitration Center.Because of the particularity of the dispute over intellectual property rights,and the "one belt and one road" initiative covers a wide range of countries and regions,the background differences are very obvious in the region,which leads to the inevitable cause of disputes.This article tries to explain the existence of intellectual property rights arbitration center from the following aspects: the status quo of intellectual property rights,the particularity of intellectual property disputes and the background differences of the countries along the line,and the role of the Arbitration Center in promoting the construction of "one belt and one road".Then,Then,it analyzes the shortcomings of the existing arbitration institutions in solving the intellectual property disputes along the lines,and shows that it can not meet the special needs of the "one belt and one way" intellectual property disputes.By analyzing the special cases of intellectual property rights in the face of a large number of cases and the differences in the trial system of different countries,it combines the existing problems of the existing institutions.Sufficient to illustrate the necessity of constructing the "one belt and one way" intellectual property Arbitration Center.it is analyzed that the existing arbitration institutions can not meet the special needs of the "one belt and one way" intellectual property disputes,to jointly illustrate the necessity of constructing the "one belt and one road" intellectual property Arbitration Center.The second part mainly analyzes the feasibility and challenge of constructing the "one belt and one road" intellectual property Arbitration Center.This part mainly carries on the elaboration from three aspects.On the basis of reality,through the analysis of bilateral and multilateral documents on intellectual property rights,the acceptance attitude of countries along the route to arbitration in case of disputes,and the support of international chambers of Commerce and professionals,the feasibility of building the center in this regard is illustrated.In terms of legal preparation,this paper analyses the advantages of arbitration in resolving intellectual property disputes,and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards(hereinafter referred to as the New York Convention)provides safeguards for arbitration enforcement.Finally,it analyzes the problems that need to be noticed in building new arbitration centers,so as to provide a possibility for the construction of intellectual property arbitration centers along the "one belt and one road".The third part provides the path and assumption for the construction of the "one belt and one road" intellectual property Arbitration Center.On the basis of the problems and experiences in the first two parts,this part puts forward the idea of constructing the "one belt and one road" intellectual property Arbitration Center."One belt and one road" serves as a common destiny to build a cooperative economic belt.The concept of win-win cooperation should be put in the first place under any circumstances.China,as the "go on the road" initiative,has the talent and experience of setting up an arbitration center.Therefore,we should give full play to our own advantages,seize the development opportunities in the "one belt and one road",and set up the "one belt and one way" intellectual property arbitration center by using the experience advantage in the free trade area,so as to provide experience for the establishment of arbitration centers in other countries and regions.In terms of specific assumptions,it is illustrated from the aspects of jurisdiction,arbitrators,arbitration forms and supervision system.