Arbitrability of intellectual property disputes: a comparative survey

Abstract

In recent years, arbitration has become increasingly popular as a dispute settlement mechanism in the field of intellectual property (IP). Traditionally, arbitration in this area was thought to be restricted to disputes arising from contracts for the licensing or the transmission of IP rights. But in some jurisdictions the issue of the validity of such rights has of late also been admitted as a proper subject-matter for arbitration. And certain legal systems have instituted mandatory arbitration proceedings aimed at a more expeditious disposition of IP disputes. This article aims at giving an overview of these developments, which will be considered here from a comparative standpoint. Belgian Patent Law (1984) [ Loi sur les brevet d'invention ] Civil Code of Quebec, Canada (1994) [ Code civil du Quebec ] Quebecois Act Respecting the Professional Status of Artists in the Visual Arts, Arts and Crafts and Literature, and their Contracts with Promoters (1988) [Loi sur le statut professionnel des artistes des arts visuels, des metiers d'art et de la litterature et sur leurs contrats avec les diffuseurs] French Intellectual Property Code (2011) [ Code de la propriete intellectuelle ] Portuguese Code of Industrial Property (1995) [Codigo da Propriedade Industrial] Portuguese Code on Copyright and Related Rights (1995) [ Codigo do Direito de Autor e dos Direitos Conexos ] South African Patents Act (1978) US Patent Act (1982)