Research On Study On The Arbitration Resolution Mechanism Of Intellectual Property Dispute In China

With the arrival of a new era guided by technology circulation in China,the independent value of the use of knowledge and property becomes more and more prominent.How to solve intellectual property disputes quickly and effectively has gradually become a problem in many fields.On the one hand,in the face of increasing intellectual property disputes,the traditional dispute resolution mechanism with litigation and administration "dual track" can no longer meet the actual needs,and the main way out is to seek "diversified dispute resolution ".On the other hand,the special requirements of intellectual property disputes,such as technology,complexity and confidentiality,bring various challenges to traditional dispute resolution.In our country,although the arbitration settlement of intellectual property disputes is still a new matter,it has been strongly supported by the national policy and the general concern of the industry.However,the proportion of intellectual property dispute arbitration settlement cases is small as a whole,mainly because the mechanism of intellectual property dispute arbitration settlement is not perfect,and there are still many institutional difficulties.The arbitration settlement of intellectual property disputes needs top-level design to regulate.By constructing a perfect arbitration legal system and providing guidance for the arbitration settlement of intellectual property disputes in China,it is an important measure to promote and protect the settlement of intellectual property disputes.In order to solve many difficulties faced by the arbitration settlement mechanism of intellectual property disputes in China,this paper puts forward the following measures: first,combining the arbitration practice of our country and the legal norms of other countries,It is suggested to expand the scope of arbitration settlement of intellectual property disputes from legislative or judicial level.Secondly,taking the WIPO Arbitration Mechanism as the blueprint,the special rules of intellectual property dispute arbitration settlement in China are constructed from the angle of confidentiality,evidence system and rapid arbitration.Third,in order to solve the internal defects of the interim measures for the settlement of intellectual property disputes in China,it is suggested to expand the types of interim measures,standardize the conditions for the application of interim measures,and appropriately empower the arbitration institution to take interim measures.Fourth,in order to avoid the problem of arbitration litigation,we should fully respect the autonomy of the parties in the choice of arbitration proceedings,and guide and assist the parties in their choice.