ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS
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 d...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2017-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_002.pdf |
| _version_ | 1818051257049284608 |
|---|---|
| author | Ruxandra I. CHIRU |
| author_facet | Ruxandra I. CHIRU |
| author_sort | Ruxandra I. CHIRU |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-10T11:06:29Z |
| format | Article |
| id | doaj.art-f188f1fc2bba4670923ea7e49a2a6758 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-12-10T11:06:29Z |
| publishDate | 2017-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-f188f1fc2bba4670923ea7e49a2a67582022-12-22T01:51:33ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-613621ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTSRuxandra I. CHIRU0PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of BucharestThe 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.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_002.pdfarbitrabilityarbitrationCourt of International Commercial Arbitration (CICA)World Intellectual Property Organization (WIPO)World Trade Organization (WTO)ORDA arbitration procedure |
| spellingShingle | Ruxandra I. CHIRU ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS Challenges of the Knowledge Society arbitrability arbitration Court of International Commercial Arbitration (CICA) World Intellectual Property Organization (WIPO) World Trade Organization (WTO) ORDA arbitration procedure |
| title | ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS |
| title_full | ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS |
| title_fullStr | ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS |
| title_full_unstemmed | ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS |
| title_short | ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS |
| title_sort | arbitrability of disputes related to intelectual property rights |
| topic | arbitrability arbitration Court of International Commercial Arbitration (CICA) World Intellectual Property Organization (WIPO) World Trade Organization (WTO) ORDA arbitration procedure |
| url | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_002.pdf |
| work_keys_str_mv | AT ruxandraichiru arbitrabilityofdisputesrelatedtointelectualpropertyrights |