Research Of Intellectual Property Dispute Settlement Mechanism Of Cross-Strait In Post ECFA ERA

In recent years, with the acceleration of economic integration, the economic and trade communication of cross-strait is becoming more and more frequent, the cross-strait trade whether in goods and in services, often involve trademarks, patents, copyrights and so on. So after signing "Economic Cooperation Framework Agreement"(Hereinafter referred to as "ECFA") and "The Cross-strait Intellectual Property Protection Cooperation Agreement", with closer the economic and trade communication of the cross-strait are becoming mare and more close and normal, we can foresee the intellectual property dispute of cross-strait will grow very quickly. But the Article10of "ECFA" just stipulate to set up the "cross-strait economic cooperation committee" and the Article7of "Intellectual Property Protection Cooperation Agreement" just stipulate to build the assist in handling mechanism of the cross-strait intellectual property dispute, and did not put forward the specific and effective program.The first chapter of this article is "overview" part, from the name, nature, characteristics, significance and so on to introduce "ECFA" and "The Cross-strait Intellectual Property Protection Cooperation Agreement". ECFA is neither equal to CEPA, and do not belong to the FTA, and it should be an agreement that part of it governed by WTO and it is signed in order to promote the economic, trade and investment relationship on both sides. Then, the chapter elaborates the breakthrough of "The Cross-strait Intellectual Property Protection Cooperation Agreement" in detail. Finally, combined with the actual data to illustrate the cooperation is progressing smoothly in various fields of intellectual property on both sides since the signing of the two agreements.The second chapter to the third chapter is the second part of the article, First of all, it Analysis the type of intellectual property disputes and introduce the way how to handle intellectual property disputes. Then, this part illustrate the development and innovation of intellectual property law system and intellectual property dispute in nearly twenty years on both sides. Finally, it comparative the dispute settlement mechanism of the main regional economic organization, like WTO, CAFTA, NAFTA, CEPA and so on, to provide reference for constructing intellectual property dispute resolution mechanism in the era of the ECFA on both sides.The focus of this paper is the fourth chapter. On the basis of above, this part is discussing how to build the intellectual property dispute resolution mechanism under the background of ECFA. This chapter is divided into three sections, the first section mainly introduce the status quo of the intellectual property dispute resolution mechanism from the legal basis and existing institutions. The existing mechanism has many insignificance, so the second and the third section according to the insignificance and learn from the successful experience of regional economic organization mentioned before, to put forward the suggestion about how to build intellectual property dispute settlement mechanism in the era of the ECFA on both sides from the prevention mechanism and the specific arrangement. The author thinks that, On the basis of prevention mechanism, the intellectual property dispute settlement mechanism in the era of the ECFA on both sides also need to establish some prevention mechanism including substantive law, procedural law, safeguard mechanism and so on.With the content of the ECFA is enriching and improving constantly, the cross-strait economic cooperation will enter a new mileage which is more normal, orderly and more free. We should be not only protecting the Taiwan businessmen to invest in mainland China, but also create an enabling environment for mainland enterprises to invest in Taiwan. So we can lay a solid foundation for a win-win situation and mutual prosperity realization at the last.