Research On The Perfection Of Administrative Mediation System For Intellectual Property Disputes In China

With the successive implementation of national intellectual property strategy and innovation-driven development strategy,intellectual property has become an important guarantee for enterprise innovation and national development.However,a large number of intellectual property disputes emerged and difficult to resolve is also an objective fact that can not be ignored.Following the rule of law that there is no right without remedy,it has become a prominent demand to construct or perfect the system design of intellectual property dispute settlement in China.By examining the structure and practice of the system,it is found that the intellectual property dispute resolution system in China is characterized by the coexistence of judicial relief and administrative relief,the heavy reliance on judicial relief,the weakening of administrative mediation,and the "explosion" of litigation.The characteristics of high efficiency and overcoming the shortage of judicial remedy,as well as the high correspondence between the advantages of administrative mediation in intellectual property disputes and the uniqueness of intellectual property disputes have brought the improvement of administrative mediation system in intellectual property disputes into the research field.In this paper,the approach to requirements of the construction of knowledge system of science,the concept of administrative mediation to clarify the starting point to intellectual property rights disputes,administrative mediation system in our country intellectual property rights disputes examined for path construction and practice,to reference the successful experience of developed countries or regions outside as reference,to improve the intellectual property administrative dispute mediation system in our country as the goal,carried out a systematic research on the.Specifically,this paper through the literature analysis and empirical study of China's major manifestation of intellectual property disputes,characteristics,the solution of interpretation,and further interpretation of the clear administrative mediation system of intellectual property rights disputes such basic problems as the connotation,features,and legitimacy,which laid the foundation for later study.Secondly,the origin and development ofadministrative mediation system for intellectual property disputes in China are investigated,and relevant legislative provisions and current implementation status of administrative mediation system for intellectual property disputes in China are sorted out.And on this basis,the demands for practice to our country intellectual property disputes and operation has carried on the review of administrative mediation system structure,points out that the imperfect legislation,the orientation deviation,mediation subject scope too narrow,single,mediation procedure is not sound,lack of the conciliation agreement effectiveness causes analysised the existing main problems and at the same time.Thirdly,based on the isomorphism of time and space and the requirement of developing China's late-development advantage,this paper investigates the practice of administrative mediation of intellectual property disputes in some developed countries and regions and draws some inspirations for China.Finally,return to practice demands and based on a certain degree of prospective considerations,proposed consummates our country intellectual property rights disputes of administrative mediation system should adhere to the voluntary,legal,services,such as confidentiality and win-win principle,and to perfect our legislation system of administrative mediation system of intellectual property disputes,mediation of clearly positioning,and rich subject,expand the scope of mediation,conciliation optimization of mediation procedures,strengthen the conciliation agreement on the specific countermeasures and Suggestions.