The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan

Abstract

Bashar H. Malkawi is Associate Professor of Law at the University of Sharjah, United Arab Emirates. The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used. This article discusses two specific issues relating to the use of alternative dispute resolution (ADR) for the resolution of intellectual property disputes: the reasons why an owner or user of intellectual property rights might prefer to resolve disputes concerning those rights by means of ADR and whether disputes involving intellectual property rights are arbitrable. My discussion of the first issue is not specific to any particular country. However, discussion of the second issue reports on the state of the law in Jordan as a case study for other Arab countries.