A Study On The Dispute Settlement Mechanism Of Intellectual Property Rights In China-ASEAN Free Trade Area

The protection of intellectual property has always been a complex and huge project.The legal systems of China and ASEAN countries in the field of intellectual property are very different,and have the limitations of countries and regions.Once there is a dispute on intellectual property,it will take a whole body,and there is no unified mechanism to solve the existing dispute.In 2010,China and ASEAN countries formally established the China ASEAN Free Trade Area.China ASEAN Free Trade Area has shown a vigorous development trend in various fields.The trade cooperation between countries in the region is more and more frequent,and the scale of economic and technological cooperation between the two sides has also been unprecedented development.At the same time,the import and export of intellectual achievements has become an inevitable reality.At this time,intellectual property rights have become a bridge for cooperation and development among countries in the region,occupying an indispensable position in the free trade zone.With the mutual presence of enterprises from ASEAN countries and Chinese enterprises,the continuous input and output of intellectual products has led to the growth of international trade and provided important opportunities for the construction of China ASEAN Free Trade Area and trade exchanges among countries in the region.However,opportunities and challenges coexist,and disputes related to intellectual property rights in China ASEAN Free Trade Area are also increasing rapidly.Due to the inherent regional characteristics of intellectual property rights and the complexity and particularity of intellectual property disputes,the courts are struggling to deal with intellectual property disputes only through judicial mode.Not only that,a single way of litigation not only needs to invest a lot of money,but also because of the long trial cycle,it will cause the loss of interests to the parties involved in the dispute.In the face of the spiral growth trend of intellectual property disputes in China ASEAN Free Trade Area,it is obvious that the intellectual property disputes in China ASEAN free trade area can not meet its own development needs by only using litigation in the region.Therefore,in order to avoid and deal with intellectual property disputes between China and ASEAN countries in a timely manner,maintain a smooth trade environment in the free trade area,maintain close trade relations between regions,guarantee the timely provision of services and free circulation of goods,and successfully realize the vision of China ASEAN strategic partnership 2030,it is urgent to build a strategic partnership with China ASEAN The intellectual property dispute settlement mechanism synchronized and matched by the trade zone.This paper explores the mode and content of building the intellectual property dispute settlement mechanism of China ASEAN Free Trade Area through the analysis of theuse of general international commercial dispute settlement and WIPO intellectual property dispute arbitration,as well as the comparative study of EU and NAFTA.