BENEFITS LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES
BENEFITS LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

Summary/Abstract: In the paper, the author analyzes the advantages and disadvantages of international arbitration in disputes involving intellectual property rights. Disputes in the field of intellectual property rights have special characteristics. In the case of a dispute with an international element, problems arise with the jurisdiction of state courts due to the principle of territoriality of intellectual property rights. The right holder must initiate court proceedings in all states individually, which leads to protracted proceedings, increased costs and uneven court practice. For these reasons, the author analyzes alternative dispute resolution through arbitration in order to determine whether this method of dispute resolution is more acceptable to the parties than state courts. The author pays particular attention to the WIPO Center for Arbitration and Mediation as a permanent arbitration institution whose primary activity is the resolution of disputes in the field of intellectual property rights.

• Details
• Contents