BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES
In this paper, the author analyzes the benefits and limitations of international arbitration in disputes that are subject to intellectual property rights. Intellectual property law disputes have special characteristics. In the event of a dispute with an international element, there is a problem wit...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
University of Banja Luka, Faculty of Law
2024-03-01
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| Series: | Годишњак Правног факултета у Бањалуци |
| Online Access: | https://godisnjak.pf.unibl.org/index.php/godisnjak/article/view/264 |
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| Summary: | In this paper, the author analyzes the benefits and limitations
of international arbitration in disputes that are subject to intellectual property
rights. Intellectual property law disputes have special characteristics. In the
event of a dispute with an international element, there is a problem with the
jurisdiction of state courts due to the principle of the territoriality of intellectual
property rights. The titular of the right must initiate court proceedings in all
countries individually, leading to delays in procedures, multiplication of costs
and uneven judicial practice. For these reasons, the author analyzes alternative
dispute resolution through arbitration to determine whether this method of
dispute resolution is more acceptable to foreign courts.
The author particularly pays 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.
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| ISSN: | 0350-9052 2233-0429 |