Research On The Establishment Of An Intellectual Property Dispute Settlement Mechanism In The China-Korea Free Trade Zone

The long-term,orderly and coordinated development of a free trade area depends largely on its dispute settlement mechanism;it is an important content of the success or failure of the free trade zone and the relations between countries that the dispute settlement mechanism of the disputes in the free trade zone is handled efficiently and impartially.In recent years,in various disputes,such as goods trade,service trade,investment and other types of disputes,the disputes concerning intellectual property in the international community are particularly prominent in the field of intellectual property rights.The free trade agreement between China and South Korea(hereinafter referred to as "China-Korea FTA")is the highest level,the broadest coverage and the most comprehensive free trade agreement so far,which is particularly advanced in the aspects of intellectual property rights.China-Korea FTA changed the previous free trade zone agreement or did not stipulate the intellectual property rights,or the practice of making a general and decentralized regulation on intellectual property rights in other chapters.The special chapter made detailed provisions on intellectual property rights.But at the same time,it is regrettable that,although China-Korea FTA has set up the special chapter of "intellectual property" and makes special provisions on intellectual property,it does not take into account the particularity of the intellectual property dispute in China-Korea FTA and sets up an independent dispute settlement mechanism of intellectual property.The author intends to study the existing mechanism of China-Korea FTA to deal with intellectual property disputes,compare the intellectual property dispute settlement mechanism of other international organizations and free trade zones,and analyze the existing problems of the existing mechanism of dealing with intellectual property disputes in the free trade agreement between China and South Korea.Specific proposals for the dispute settlement mechanism of intellectual property rights.The author intends to study the dispute settlement mechanism of intellectual property rights between China and South Korea in the following four aspects:The first part,starting with the Chinese and Korean FTA text,introduces the general dispute settlement mechanism of China-Korea FTA and the domestic judicial procedure of intellectual property disputes,and shows the existing framework fordealing with the intellectual property disputes in the free trade agreement between China and South Korea.The second part is the so-called "stones from other hills can attack jade".This paper compares the intellectual property dispute settlement mechanism between China-Korea FTA with the WIPO,TRIPs intellectual property dispute settlement mechanism and the more successful NAFTA intellectual property dispute settlement mechanism operating in the world,in order to provide reference for the analysis of the existing problems and perfection of the analysis of the existing organic system of intellectual property disputes in China-Korea FTA.The third part,starting with the existing mechanism of dealing with intellectual property disputes in the free trade agreement between China and South Korea,analyzes the existing three problems in the existing problems,such as the independent dispute settlement mechanism of intellectual property rights,the too narrow applicable subject of the general dispute settlement mechanism and the unreasonable procedure setting,and the deep reasons of these problems.The fourth part,in view of the problems existing in the existing mechanism of the free trade agreement between China and South Korea to deal with intellectual property disputes,and drawing on the relevant international organizations and the intellectual property dispute settlement mechanism of regional economic organizations,put forward suggestions and suggestions for the construction of intellectual property dispute settlement mechanism in China-Korea FTA.At all,in view of the plight of intellectual property dispute settlement in China-Korea FTA,this paper studies the existing mechanisms for the settlement of intellectual property disputes in China-Korea FTA,analyzes the existing problems,and seeks to solve the above problems,and puts forward specific proposals for the construction of the dispute settlement mechanism of intellectual property rights in China-Korea FTA.This will be of great significance to the free trade agreements concluded by our country in the future and to the improvement of the free trade agreements and international intellectual property rights that have been signed in China.