The Exploration Of Diversified Solving Paths For The Intellectual Property Disputes

As the protection of intellectual property rights and the important part in promoting social innovation, diversified intellectual property dispute settlement mechanism is set in many countries in order to promote the development of their intellectual property rights. At present, judicial relief is given priority to, supplemented by administrative relief in our country, which leads to the limited application of the non litigation dispute resolution mechanism, for example, mediation and arbitration.Beacause of the problems that are not conducive to the protection of intellectual property rights such as low efficiency, high cost, long period of the judicial relief and administrative relief, we need to explore diversified solving paths for the intellectual property disputes to promote the development of intellectual property.In the era of knowledge economy, the importance of intellectual property rights has become increasingly, the protection of intellectual property rights has become a driving force to improve the national innovation capacity. From the practice of foreign typical countries, analysis the way to solve the civil dispute over intellectual property rights diversified has a very important significance. Firstly, exploring the diversified path to solve the pute of the intellectual property is reflection on the practice of the results. The mechanism of our country civil to solve the disputes over intellectual property rights is led to litigation mainly, supplemented by necessary administrative means, the mediation, arbitration and other social relief started lately, and the construction of the system is not perfect, they playing only a limited function in practice, that led to a large number of intellectual property disputes to court, the pattern of litigation itself also exists many problems, Including the long cycle, high cost and low efficiency, it is not conducive to protect the rights of the parties timely and effectively; Secondly, the comparative advantage is obvious to solve the intellectual property disputes diversified. Throughout the developed countries of the dispute settlement mechanism is not difficult to find, the diversified resolving mechanism of dispute is becoming perfect, the non-litigation dispute resolution mechanism has played an important role in the settlement of disputes. The mechanism of ADR has more advantages compared with litigation, including the procedures are simple and flexible, high efficiency, low cost, respecting the independent wishes of the parties and so on. Therefore, to explore the diversified dispute solution can not only reduce the court’s judicial pressure, but also can promote the innovation and development of their own intellectual property rights; finally, explore a wide range of civil disputes over intellectual property rights is the requirement of constructing innovative solutions to society. On intellectual property rights, the oblige are more fancy for planning the layout of the future market, pursuit of more market share, and access to higher profits. When intellectual property rights infringement, the oblige need to spend a lot of time and cost for adults, they will lose some market share even if they finally won the lawsuit, and lost profits. Therefore, only by building a diversified dispute solution, and make the litigation and non-litigation dispute resolution together, let the parties to choose their own way to solve the dispute, to achieve win-win situation between the two sides, in order to better promote the development of intellectual property.This paper can be divided into four parts. The first chapter is the introduction of the thesis, which mainly introduces the background, significance and the current research status at home and abroad followed by the content and methods of the study. Started from the basic theories related to intellectual property, the second part 3introduces the private nature of the intellectual property right and intellectual property disputes that are different from the general civil rights firstly such as intangibility, legalization, exclusiveness and timeliness that results in the cross functional, professional and the strong application in law of the intellectual property disputes leading to the big influence on production and operation of the parties.There are two ways in intellectual property dispute resolutions: public relief and social relief.However the intellectual property disputes in China is mainly solved by the judicial relief and the administrative relief, which can not adapt to the problems that intellectual property disputes become more and more serious with big pressure big, requiring diversified solution mechanism.The third chapter analyzes the status and and the existing problems in the intellectual property disputes settlement mechanism of our country. At present, China has initially formed a diversified dispute resolution mechanism including the judicial relief, the administrative relief and the social relief of which the judicial one occupies a dominant position. In practice, these three ways resolve intellectual property disputes with their respective advantages, at the same time, there are also a series of problems.For example, the long period and low efficiency of judicial relief, the bulls enforcement, the high management costs, the arbitration proceedings, the limited effectiveness and the lack of protective measures and specialized institutions for mediation of administrative relief. These problems are exposed so that intellectual property disputes are not efficiently, completely solved that indicates direction for the building of our diverse intellectual property dispute resolution mechanism. Finally, on the basis of the advanced experience of the foreign countries such as Britain, America, Japan, explore the intellectual property dispute settlement mechanism of our country from three aspects, including perfecting the litigation settlement mechanism, setting up the court annexed mediation or arbitration mechanism, establishing a desired type of administrative ADR system and improving the administrative relief system and perfecting the civil mediation and arbitration mechanism, which protects the rights of people’s legitimate rights and interests for the exploration of diversified intellectual property disputes resolution mechanism canprovide more choices for the parties.With the rapid development of technology, the new intellectual property rights appearing, civil disputes over intellectual property rights has been characterized by complexly and diversely, the urgent need to set up a mechanism to diversified settle disputes over property rights. Although China has initially formed a diversified intellectual property civil dispute settlement mechanism, but in practice, is still in litigation, Litigation itself have a long cycle, low efficiency, high cost and so on, that is not conducive to the protection of the rights of the parties. Therefore, we need to be based on the perfection of the intellectual property litigation settlement mechanism, to explore the non-litigation dispute resolution mechanism.In order to explore diversified intellectual property dispute settlement mechanism, we should understand the intellectual property and intellectual property dispute is different from the general civil rights characteristics firstly, this point is the first of this paper to start, then analysis the China’s intellectual property rights and the civil dispute settlement mechanism, finally on the basis of the advanced experience of the foreign countries, exploring the intellectual property right of our country civil dispute settlement mechanism from three aspects, mainly includes the perfection of litigation settlement mechanism, the establishment of court annexed mediation or arbitration mechanism, improving the administrative relief system and perfect civil mediation and arbitration mechanism. To explore the diversity of intellectual property civil dispute settlement mechanism can provide more choices for the parties, so as to better protect the legitimate rights and interests of people.At present our country’s intellectual property rights civil dispute settlement mechanism is not perfect, there are many problems in the mechanism of action, the non litigation dispute resolution mechanism advantage cannot play, and we must also consider the convergence of litigation and non litigation dispute resolution mechanism. The construction of the system is a systematic project, and many departments involved. Consideration should be given to its own national conditions, and it needs careful investigation, practice and profound theoretical foundation. These are the need to strengthen, the author also hope to get senior scholars in order to improve.