On The Arbitrable Scope Of Intellectual Property Disputes In My Country

Under the background of economic globalization,intellectual property has become a powerful weapon to improve the competitiveness of enterprises.It continues to expand its effect on economics and improve its vital position.Meanwhile,there are a growing number of intellectual property disputes,though the traditional litigation has been playing an important role,it can hardly cover all different types of intellectual property disputes.Compared with other dispute solution such as lawsuit,arbitration has advantages such as shorter time,fewer cost,done through professional judge,confidentiality as well as fully embodying of the principle of party autonomy and international recognition and enforcement.Arbitration in most of the developed countries has become a dominant method to settle the dispute of intellectual property rights.In China arbitration developed rapidly as well,especially after the reform and opening up,the legislation has been optimized,the arbitration practice has also been a rapid developed.However,due to the late beginning and high start point of arbitration in our country,the system has not been well established,both theoretically and practically,there are still many problems.So far,there is no clear definition of the target of acceptance of arbitration in China,leading to the argument that whether intellectual property disputes can be settled by arbitration,especially for topic like what are the scopes that can be arbitrated.For a long time,it is hard to decide whether intellectual property disputes can be arbitrated for arbitration institutions.And there is huge difference in the definition of scope of arbitration of intellectual propertydisputes across the world.Currently,not all intellectual property disputes can be settled by arbitration.Because of the uncertainty of the provisions,there are lots of doubts regarding whether to submit the intellectual property dispute to arbitration,and whether the recognition and enforcement of effective intellectual property arbitration can be obtained.This paper starts from the advantages of applying arbitration to solve intellectual property dispute,and then elaborates on the importance of clearing the scope of intellectual property disputes arbitration by comparative analysis of developed countries in the scope of intellectual property arbitration regulations and practices.Followed by drawing lessons from the advanced experience of the developed countries,and finally put forward some suggestions to optimize the scope of arbitration of intellectual property rights disputes,to promote the faster and better solutions of intellectual property rights disputes in China.It contributes to the construction of a harmonious socialist society in China.