Intellectual property industry based on human knowledge becomes an engine for growth by the development of information and communications and attracts attention to dispute resolution for the protection of intellectual property rights. Because dispute ...
Intellectual property industry based on human knowledge becomes an engine for growth by the development of information and communications and attracts attention to dispute resolution for the protection of intellectual property rights. Because dispute parties don't know whether or not fairness of the trial and judgement which reflect industry characteristics are assured, they prefer arbitration of WIPO, ICC or any other arbitration institutions. In accordance with the increasing importance of the arbitration system for resolving intellectual property disputes, this study is aimed at analyzing the correlation between arbitration and the protection of intellectual property rights, and to suggest the promotion of intellectual property arbitration.
This paper uses two analytical methods: the Delphi analysis method to unify opinions of professional panel and an empirical analysis method to use structural equation after carrying out a survey to produce successful results. The former understands the awareness of experts about arbitration and explore the problems and possibilities for improvement, while the latter identifies the correlation between the capability of the arbitration institution and the outcomes of intellectual property arbitration.
First, the Delphi analysis realizes that the capability of an arbitration institution and the outcomes of intellectual property arbitration correlate with the arbitrator's role and ability, procedural fairness and swift judgment. Second, the empirical analysis using structural equation show that organization modification and procedural stability including fairness and speediness of arbitral procedure affect the performance of the Intellectual Property Arbitration. And these analysis indicate that they have in common with procedural fairness and promptness. As a result, this study showed that strengthening the core capability of arbitration institutions can be directly connected to the performance of the Intellectual Property Arbitration.
Problems arising from the intellectual property arbitration are as follows: lack of expertise of arbitration institution, shortage of professional arbitrator, possibility of arbitration of rights dispute and legal binding force in investigation procedures of evidence.
Therefore, in order to promote the intellectual property arbitration in the domestic market, expertise of the information property arbitration institution should first be strengthened in operating system efficiency. Second, an arbitration institution should be training administrative professionals in Intellectual Property Arbitration. It also needs to introduce online Information Property Arbitration to reflect industry characteristics.
Next, regarding stability of arbitral procedures, a practical approach about investigation procedures of evidence is necessary to overcome efficiency problems. In addition, arbitration institutions should consider a joint institution for fast and reliable arbitration proceedings in international arbitration.
Finally, in order to pass the limitation of right availability, it is important to make a study for global standard in legal circums- tance. Additionally, in order to expand the scope and build trust, it is worth making a portal site.