自由贸易试验区知识产权纠纷多元解决机制构建研究----以陕西自贸试验区为例

Yuhong Wang, Xiaojie Song, Ruirui Zhang, Gang Ye
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引用次数: 0

摘要

在中国自由贸易试验区的发展过程中,随着新型知识产权案件的专业性和复杂性的增加,当事人解决纠纷的需求也越来越多样化。因此,构建自由贸易试验区知识产权纠纷多元解决机制具有重要意义。界定了知识产权纠纷多重解决机制的内涵和构成要素,并对陕西自贸试验区知识产权纠纷多重解决的现状进行了调查。在借鉴其他自贸区经验的基础上,提出建立解决机构、完善多种纠纷解决方式衔接机制、简化解决流程是完善自由贸易试验区知识产权纠纷多元解决机制的关键措施。研究背景中国经济发展以系统性创新为核心,以可复制性和普适性为基本要求,以贸易自由化和便利化为主要目的。中国(陕西)自由贸易试验区是西北地区唯一的自由贸易试验区。随着自贸区进入全面发展的“快车道”,知识产权纠纷日益增多,单一的诉讼方式已难以满足解决知识产权纠纷的特殊要求。建立和完善自贸试验区知识产权纠纷多元解决机制,有利于满足知识产权纠纷解决的多样化需求,缓解知识产权案件司法解决的压力,提高纠纷解决的质量和效率,促进自贸试验区知识产权保护制度的完善。自贸区知识产权纠纷多元解决机制的内涵与构成多元纠纷解决机制是指协调各种纠纷解决方式,形成统一的纠纷解决体系,包括诉讼解决和非诉讼解决。[1]多元争端解决机制的目的是促进诉讼与非诉讼解决方案的相互发展,优化争端解决资源。[2]知识产权纠纷多元解决机制是多元争端解决机制在知识产权领域的具体应用。因此,自由贸易试验区知识产权纠纷多元解决机制可以定义为:合理连贯、相互协调的知识产权纠纷解决体系,运用多种纠纷解决方式,为自由贸易试验区纠纷当事人提供多元化、便捷、适宜的纠纷解决服务。第二届卫生与教育学术研讨会(SOHE 2019)版权©2019,作者。亚特兰蒂斯出版社出版。这是一篇基于CC BY-NC许可(http://creativecommons.org/licenses/by-nc/4.0/)的开放获取文章。《社会科学、教育与人文研究进展》,第268卷
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Study on the Construction of Multiple Settlement Mechanism of Intellectual Property Disputes in Pilot Free Trade Zone----Taking Shaanxi Pilot Free Trade Zone as an Example
In the course of the development of China’s Pilot Free Trade Zone, with the increase of new kinds of professional and complex intellectual property cases, the parties’ demands for resolving disputes are becoming more and more diverse. Therefore, it is of great significance to build up the multiple settlement mechanism of intellectual property disputes in Pilot Free Trade Zone. The connotation and components of the multiple settlement mechanism of intellectual property disputes are defined, and the current situation of the multiple settlement of intellectual property disputes in Shaanxi Pilot Free Trade Zone is investigated. Referring to experiences of other FTZs, it is suggested that the establishment of settlement institution, the completion of connecting mechanism of various dispute resolution methods and the simplification of settlement process are key measures to improve the multiple settlement mechanism of intellectual property disputes in Pilot Free Trade Zone. 1. Research Background China has taken systemetic innovation as its core, replicability and popularization as its basic requirement, and trade liberalization and facilitation as its main purpose. China (Shaanxi) Pilot Free Trade Zone is the only FTZ in Northwest China. With the FTZ entering the “fast lane” of all-round development, intellectual property disputes are increasing, so it is difficult to satisfy the special requirements of the intellectual property disputants resolution by a single litigation method. The establishment and perfection of the multiple settlement mechanism of intellectual property disputes in Pilot Free Trade Zone will help to meet the diversified demand for resolving intellectual property disputes, ease the pressure of judicial resolution of intellectual property cases, and improve the quality and efficiency of dispute resolution, in order to promote the intellectual property protection system in Pilot Free Trade Zone. 2. Connotation and Constitution of Multiple Settlement Mechanism of Intellectual Property Disputes in FTZ 2.1. Connotation The multiple dispute settlement mechanism refers to the coordination of various dispute resolution methods to form a unified dispute resolution system, including litigation and non-litigation solutions.[1] The purpose of the multiple dispute settlement mechanism is to promote the mutual development of litigation and non-litigation solutions and to optimize dispute settlement resources.[2] The multiple settlement mechanism of intellectual property disputes is the concrete application of multiple dispute settlement mechanism in the field of intellectual property rights. Therefore, the multiple settlement mechanism of intellectual property disputes in Pilot Free Trade Zone can be defined as: a reasonably coherent and mutually coordinated system for the settlement of intellectual property disputes by using a variety of dispute resolution methods, to provide a diversified, convenient and appropriate dispute resolution services for disputing parties in Pilot Free Trade Zone. 2nd Symposium on Health and Education (SOHE 2019) Copyright © 2019, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). Advances in Social Science, Education and Humanities Research, volume 268
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