중국 지적재산권분쟁의 중재가능성에 관한 법리적 고찰

A Study on the Arbitrability of Intellectual Property Disputes in China

As an effective way to settle disputes, arbitration has been increasingly concerned under the diversification trend of dispute settlement mechanism. In the practice of arbitration in intellectual property disputes, the contract dispute and infringement of intellectual property were admitted by the arbitral system, the provisions whether the issue of validity is to be the proper subject of binding arbitration are different. Many Countries have different regulations on the public policy. However, arbitration on intellectual property rights is deemed to have more advantages than the other resolutions so that it deserves full attention. As the number of cases of intellectual property right dispute has become increasingly high in recent years, lawsuit can not meet the need of dispute solution, so arbitration and mediation have emerged as alternatives. Arbitration agency under arbitration committee is ready to accepting and hearing the applications in China but there are still some problems of arbitration system in relation to the intellectual property in china.