ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.
Authors and Affiliations
Ruxandra I. CHIRU
Keywords
Related Articles
- EP ID EP299206
- DOI -
- Views 156
- Downloads 0
PARTICULARITIES AND PRACTICAL ISSUES OF THE COMPULSORY INSURANCE CONTRACT FOR MOTOR THIRD PARTY LIABILITY
This paper aims at identifying and clarifying the legal regulations in the field of insurance. Starting from everything that means in practice as a whole, we need to mention from the outset that best practices are not ma...
A NEGOTIATION MODEL FOR COLLABORATIVE ACTIVITIES
This paper proposes a collaborativ system to model and support parallel and concurrent negotiations among organizations acting in the same industrial market. The underlying complexity is to model the dynamic environment...
SUCCESSORAL CAPACITY PECULIARITIES OF THE ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS INHERITANCE
The present study aims at radiographing the condition of the legal capacity to inherit, situated at the confluence of two domains, the legal and the theological one, with convergence points, but also with some distinct c...
METHODOLOGICAL PARTICULARITIES REGARDING CRIMINAL INVESTIGATION OF CRIMES RELATED TO MARKET ABUSE, FACTS CRIMINALIZED IN THE CAPITAL MARKET LEGISLATION
The interest in investigating the issue of techniques for investigating capital market crimes is based on several considerations: Research is timely and responds to the imperative of the moment, to combat these crimes. I...
COMPUTER SEARCH VERSUS TECHNICAL-SCIENTIFIC FINDING
The study intends to establish delimitation between computer search and technical-scientific finding, having as a starting point certain cases encountered in the judicial practice when the law enforcement authorities con...