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{"title":"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","authors":"Yuhong Wang, Xiaojie Song, Ruirui Zhang, Gang Ye","doi":"10.2991/SOHE-19.2019.59","DOIUrl":null,"url":null,"abstract":"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","PeriodicalId":200957,"journal":{"name":"Proceedings of the 2nd Symposium on Health and Education 2019 (SOHE 2019)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"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\",\"authors\":\"Yuhong Wang, Xiaojie Song, Ruirui Zhang, Gang Ye\",\"doi\":\"10.2991/SOHE-19.2019.59\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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/). 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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