The capability of intellectual property disputes of being settled by ADR: theoretical and practical approach under Jordanian law

Abstract

Rights pertaining to intellectual property have been mainly categorised, under Jordanian laws, to cover trademarks, patents, copyright, unfair competition and trade secrets, integrated circuits, geographical indicators, industrial designs and models, and the new plants classifications. Alternative dispute resolution have also been categorised under Jordanian laws to cover arbitration, mediation and conciliation. This article examines the reliability and viability of alternative dispute resolution to resolve intellectual property disputes. It answers the question whether disputes arising over intellectual property rights can only be resolved using alternative dispute resolution. In other words, do intellectual and industrial property disputes have special nature which makes them different from the nature of other disputes to be resolved in a particular way? It is found that the disputes arising over the exploitation of the intellectual property rights can be resolved by alternative dispute resolution, and it is also found that it is possible to apply both arbitration and mediation laws to resolve intellectual property disputes as far as Jordan is concerned.