Research On The Arbitration Settlement Mechanism Of Intellectual Property Disputes In China

In recent years,with intellectual property rights increasingly prominent position in the global scope,the number of intellectual property disputes also increased radically,and the characteristics of intellectual property rights has led to its right to exercise the way different from the traditional property rights and protection methods,under the influence of the traditional judicial omnipotence,traditional way of lawsuit can't well apply to intellectual property rights dispute resolution process,high cost,low efficiency,high speciality,it often consumes obligee a lot of time cost and the economic cost,to seek a more appropriate way to solve disputes become the urgent matter.Arbitration,with its advantages of rapidity,confidentiality and professionalism,has begun to attract people's attention worldwide and plays an increasingly important role in solving disputes related to intellectual property rights.Because intellectual property arbitration is still in the preliminary application stage in China,by referring to the relevant rules in the "arbitration rules of the free trade zone" and analyzing the current situation of China's legislation,some practical and feasible improvement measures are proposed to better protect the rights and interests of the parties.First of all,can make clear the scope of the arbitration rules,the public interest of the intellectual property rights itself characteristics make when choosing arbitration as a way to settle disputes,the right of disposition of the parties should be restricted,therefore,the arbitration agreement and infringement disputes because of does not involve public interests of the parties are free to dispose of,and effectiveness namely dispute of ownership is outside the scope of arbitrability.Secondly,the open roster system for arbitrators and the participation of professional staff provide reliable support for the wide application of the intellectual property arbitration system.Thirdly,in the application of provisional measuret,it is necessary to apply in advance and add provisional measuret behavior preservation.The establishment of emergency arbitration tribunal can better protect the lawful rights and interests of the parties.Finally,guidance mechanism of intellectual property dispute settlement should be established to improve the connection between litigation and non-litigation.