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On The Alternative Dispute Resolution Of Intellectual Property Rights Dispute

Posted on:2021-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ShiFull Text:PDF
GTID:2506306095968299Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the continuous improvement of people’s awareness of intellectual property rights,the number of intellectual property disputes is also increasing.A single litigation solution is far from meeting the complex and large number of intellectual property disputes.The long trial cycle of litigation procedure leads to the inability of intellectual property cases to be handled in a timely manner,resulting in a backlog of cases,making the rights of the parties unable to get relief in a timely manner.Therefore,it has become the focus of attention to further improve the external settlement mechanism of intellectual property disputes and build a diversified settlement system of intellectual property disputes.Based on the current situation of intellectual property dispute resolution in China,this paper takes the efficient and fair resolution of intellectual property disputes as the basic goal,focuses on the improvement of the ADR of intellectual property disputes in China,and discusses how to achieve the proper docking,coordination and coexistence between various dispute resolution methods,so as to give full play to the overall effectiveness of multiple dispute resolution mechanisms.There are five parts in this paper.The first chapter introduces the background of this research,the current situation of this research,the research ideas and main research methods of this paper;the second chapter explores the basic theory of ADR settlement mechanism of intellectual property disputes,introduces the origin and development of the ADR settlement mechanism,which is the theoretical foundation for the full text.Chapter three mainly analyzes the current situation of the ADR of intellectual property in China,and summarizes the main problems existing in the way of solving the disputes outside the intellectual property litigation in China’s practice The fourth chapter focuses on the relevant experience of foreign countries and relevant international organizations,combined with the actual situation of our country,to find the most suitable experience of the extrajudicial settlement mechanism of intellectual property disputes in our country;the fifth chapter,based on the above,in view of the main problems existing in China,to learn from the useful experience of foreign practice,to chinese knowledge The paper puts forward some practical and effective suggestions for the improvement of the settlement mechanism of intellectual property disputes.
Keywords/Search Tags:Intellectual property disputes, Diversified dispute resolution, Alternative dispute resolution, Arbitration
PDF Full Text Request
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