The Arbitrability Of Intellectual Property Validity Disputes

In the context of economic globalization,the intellectual property industry has also developed rapidly.Corresponding to this,many new types of intellectual property disputes have arisen,and arbitration has attracted attention for its advantages of speed,efficiency,confidentiality,strong professionalism,and easy recognition and enforcement.But the issue of arbitrability has become an important factor restricting the development of intellectual property arbitration.The arbitrability of intellectual property validity disputes is denied because it involves "public policy" and how to coordinate the relationship between arbitration power and public power.Through in-depth research,these two problems are not insoluble.Because the intellectual property arbitration award only has effect on the parties to the dispute and does not affect the public interest of the country,it is considered arbitrable.Then,the United States,Switzerland,and Hong Kong,which support the arbitration of intellectual property validity disputes,were examined and compared with the legislative provisions of the three to learn how they balance the relationship between arbitration power and judicial or administrative power.Finally,it analyzes the status of arbitration of intellectual property validity disputes in the Mainland and puts forward sound suggestions.This article is divided into three chapters.The first chapter discusses the concept of the arbitrability of intellectual property validity disputes and the dilemma facing arbitration,that is,the analysis of the relationship between arbitrable and public policy,and how to coordinate the relationship between the public authority and the arbitration institution to maintain public policy.The second chapter,on the one hand,analyzes that public policy does not conflict with the arbitrability of intellectual property validity disputes,which is theoretically feasible;on the other hand,it examines the relevant practices of the United States,Switzerland,and Hong Kong,China,and analyzes how they are Coordinate the relationship between public authorities and arbitration institutions.Investigate the differences between the three in terms of arbitration award effectiveness regulations and make analysis.The third chapter discusses the legislative status of the arbitrable system of intellectual property validity disputes in the Mainland and the status of arbitration practice and puts forward sound suggestions.The Mainland should make clear that disputes over the validity of intellectual property rights can be arbitrated,but the arbitration situation should be limited.At the same time,the relativity of the effectiveness of arbitration awards and the validity of intellectual property rights should be clarified only when the arbitration institution agrees with the public authority.