Research On Arbitrability Of Intellectual Property Infringement

The current international society is an era of knowledge economy,science is the era of leading productive forces,and China’s economic development is keeping up with the times.The economic exchanges between enterprises and right holders are becoming more frequent and closer,and the economic exchanges involving science and technology are also increasing.The status of intellectual property elements has become increasingly prominent along with economic development,and people are paying more attention to them.The shift to complex and diverse intellectual property disputes has led to a surge of disputes involving intellectual property infringement.In recent years,cases of intellectual property infringement disputes in China have shown a straight upward trend,which will inevitably increase the court’s workload and difficulty in handling such cases,and also make rights holders embark on a huge and long road to defending intellectual property rights.Under such circumstances,it is extremely urgent to find alternative settlement mechanisms outside litigation based on the characteristics of intellectual property legal disputes.This is not only an inevitable response to the intellectual property-related dispute resolution problems,but also an active attempt to diversify the civil and commercial legal dispute resolution mechanism.The strategic and targeted establishment and improvement of China’s intellectual property arbitration system will help to build a diversified intellectual property dispute resolution mechanism in China,help alleviate the overloaded work of the court due to the proliferation of intellectual property infringement cases,and stabilize The market economic order will play an irreplaceable role in building China into a socialist knowledge-rich country.Arbitration has become more and more popular due to its simple and fast procedures,the professionalism of arbitrators,and the high confidentiality of the process.It also plays an increasingly important role in resolving disputes in the field of intellectual property.The first half of the article introduces the current status of arbitration of intellectual property disputes in China.Among them,arbitration in China started late,especially in the field of intellectual property.Based on China’s laws,not all intellectual property disputes can be resolved through arbitration..Based on the analysis of the current situation,it is concluded that arbitration also faces many problems when resolving intellectual property disputes,such as the lack of clear definition of the arbitrable scope of intellectual property infringement,the uneven development of specialized arbitration institutions in practice,and the lack of professionalism.Realize the utilitarian value and social value that the system design should reflect.In the last part of the article,based on China ’s current national conditions,and on the basis of learning from the legislation and judicial status of foreign intellectual property arbitration,it puts forward some judicial suggestions that are helpful for the settlement of intellectual property infringement disputes.First,we need to expand the arbitrable scope of intellectual property infringement in China.Second,we need to strengthen China ’s legislation in the field of intellectual property arbitration.The harmonization of mediation and litigation has created a sound,stable,safe and effective protection environment for China’s intellectual property.