Table of Contents

Research Handbook on Cross-border Enforcement of Intellectual Property

Research Handbook on Cross-border Enforcement of Intellectual Property

Research Handbooks in Intellectual Property series

Edited by Paul Torremans

The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution.

Chapter 15: The specificity of intellectual property arbitration

François Dessemontet

Subjects: law - academic, intellectual property law, private international law

Extract

Intellectual property arbitration is first and foremost arbitration. As such, it follows the usual rules on arbitration that are enacted in multilateral international conventions, such as the New York Convention on the Recognition and Enforcement of Arbitral Awards of 1958, or the European Convention on Commercial Arbitration of 1961, and similar texts like the Inter-American Convention on International Commercial Arbitration of 1975 (Panama Convention), the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards of 1979 (Montevideo Convention), the ICSID Convention on the Settlement of Investment Disputes Between States and Nationals of Other States of 1965 (Washington Convention), and bilateral commercial and investment treaties. Further, the national laws on arbitration are applicable. Also applicable are the Rules of arbitration institutions, such as the Rules on Arbitration of the International Chamber of Commerce in Paris, the London Court of International Arbitration, the WIPO Arbitration and Mediation Center Rules, the Swiss Rules of International Arbitration, the American Arbitration Association Rules, the Vienna, Stockholm and so on, Chambers of Commerce Arbitration Rules, the Rules of the Chinese CIETA and BAC, and the Singapore, Cairo, Dubai, and so on Centers for Arbitration Rules. Thus intellectual property arbitration is primarily regulated by the body of law and regulations that relate to arbitral proceedings and awards. Those legal and institutional rules are premised on the general case of international commercial dispute; that is, one easily circumscribed dispute of a commercial nature relating to the existence and/or performance of a contract of sale, agency, construction or partnership.

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