Research On Legal Issues Of Intellectual Property Dispute Arbitration

In recent years,due to the continuous improvement of the public’s legal awareness in our society and the rapid development of China’s high-tech industry,China’s intellectual property has grown by leaps and bounds,and the number of intellectual property disputes has also increased substantially.From the perspective of the judicial resources of the people’s courts,a large number of urgently digested stocks and incremental intellectual property disputes have become a heavy burden on the people’s courts;from the perspective of litigants’ litigation,the resolution of intellectual property disputes through litigation often requires the parties to spend a lot Time and money.Based on the high cost of IP dispute resolution,combined with the particularity of IP disputes,establishing and improving the diversion mechanism of IP dispute resolution,seeking arbitration,mediation,and other dispute resolution methods other than litigation has become the cracking of current knowledge.The inevitable choice for property rights dispute resolution.China’s "Opinions on Strengthening the Protection of Intellectual Property Rights" stipulates: establish a list of markets that focus on market focus,and establish rapid processing channels for administrative enforcement,arbitration,mediation,and other key areas and links in e-commerce platforms,exhibitions,professional markets,and import and export.This shows that arbitration has become one of the important members of the intellectual property protection portfolio.Under this circumstance,study the legal issues of arbitration of intellectual property disputes,to build a strong intellectual property country,promote the healthy and orderly development of the knowledge economy,ease the contradiction between the sharp increase of intellectual property disputes and the lack of dispute resolution methods,and build a comprehensive range of intellectual property rights The dispute resolution mechanism has a very important role.From a pragmatic perspective,there is a high degree of coupling between the particularity of intellectual property disputes and the particularity of arbitration methods such as flexibility,convenience,confidentiality,and professionalism.Therefore,arbitration has certain advantages and potentials for resolving intellectual property disputes.It can resolve intellectual property disputes in a timely and effective manner at the level of legal effects,and can produce positive effects in promoting social transactions and saving social costs at the level of social effects.From the perspective of distinguishing between public power and private rights,intellectual property has the property of private rights,and the choice of intellectual property protection methods should fully respect the autonomy of intellectual property rights holders,while granting rights holders between litigation and arbitration and other solutions The right of free choice is an important manifestation of respect for the autonomy of the people who respect the rights.In the existing legal practice in China,the arbitration resolution mechanism for intellectual property disputes is not perfect,and its current status of operation is not optimistic.The reasons are as follows: First,China ’s intellectual property arbitration institutions are small in number and unevenly distributed,and only intellectual property arbitration institutions have a small number of cases and a single type,and have not yet had a large-scale effect of hearing intellectual property cases in the arbitration field;second Due to administrative factors in the development history of the arbitration system,the independence and specialization of China ’s intellectual property arbitration institutions are insufficient;furthermore,the lack of arbitration rules and the single arbitration procedures of our intellectual property arbitration institutions directly affect the intellectual property disputes.Processing efficiency;Finally,China ’s intellectual property-related legislation does not have sufficient provisions on interim measures such as arbitration,resulting in rights holders failing to stop others from illegally infringing their legitimate rights and interests.The existence and occurrence of the foregoing reasons and phenomena have restricted the development of China’s intellectual property arbitration system,making it difficult for China’s arbitration system to reflect social and utilitarian values in the field of intellectual property.Therefore,it is necessary to break the gap between China ’s intellectual property jurisprudence theory and legal practice through a series of measures such as perfecting legislation,revising rules,reforming mechanisms,creating systems,etc.The in-depth development of China’s intellectual property arbitration system.These measures include: expanding the scope of arbitration of intellectual property disputes,attaching importance to the establishment of intellectual property arbitration institutions,improving rules and procedures for intellectual property arbitration,and strengthening interim measures for intellectual property arbitration.