A Study On Legal Prpblems Of Intellectual Property Arbitration

Along with the growing economic strength and international right to speak our significantly,business between China and the international community are also more frequent.Under this background,China's intellectual property system has made great progress.But the opportunities and challenges of surviving in the infringement of intellectual property rights is still more prominent,the problem is not quantity but quality,and the standard of intellectual property protection is far unable to meet the needs of the international community.Arbitration of intellectual property as a non-litigation resolution of intellectual property disputes is an important complement to judicial and administrative protection,and it is playing an increasingly important role in the practice of intellectual property protection.Our system of intellectual property arbitration is not yet complete compared with other developed countries in Europe and America.The rule of applicable arbitration conflict has not been established.The need of referring to international practice and international rules caused some difficulty in the development of China's independent arbitration.The Arbitrability of intellectual property disputes is the base of intellectual property arbitration,intellectual property arbitration evidence system is the embodiment of fairness and justice on the basis of arbitration,IP network problem is the latest manifestation of intellectual property arbitration.So the discussion revolves around the several legal issues above.The main content is divided into six parts.The introduction part describes the background and significance of intellectual property arbitration and the urgency and necessity to improve the intellectual property legal system of arbitration.The second chapter is the conference of intellectual property appropriate legal measure standard operating practice in China and a comparative analysis to explore the different legal positions of intellectual property disputes.The third chapter is about the arbitration institutions and arbitrator's responsibilities and the establishment of limited liability regime.The fourth chapter argues the characteristics of intellectual property disputes,the arbitration rules of evidence,on-line IPR arbitration,the validity of the arbitration agreement and the arbitration agreement executed in ‘big data' era.Chapter Six gives solutions for the aforementioned issues,from legislation,institutional convergence,collaboration sector,balance of interests,technology breakthrough and other aspects of the legal system of IPR arbitration,proposes appropriate countermeasures and response mechanisms,so that intellectual property arbitration system would meet the international standards,and actively adapt to ‘new normal' economy.