Euro-Korean Perspectives on the Use of Arbitration and ADR Mechanisms for Solving Intellectual Property Disputes

Abstract

The complexities of international intellectual property litigation (including jurisdictional issues, choice of law , lis pendens, and the recognition and enforcement of foreign judgments) contribute to explain why arbitration and alternative dispute resolution systems constitute an attractive method for solving intellectual property disputes . At a time when the European Union has created a new patent court system (as a result of the recent adoption of the European Patent with Unitary Effect and of the Agreement on a Unified Patent Court signed in February 2013) which will include the setting up of a new patent arbitration and mediation center, it is critical that this new institution shall take into account the best practices and the experience developed in these fields in other parts of the world, particularly in Korea which has gained considerable experience on these issues. On this basis, the goal of this article is to present the recent developments relating to the use of arbitration and alternative dispute resolution mechanisms for solving intellectual property disputes in Korea and in Europe from a comparative perspective.