Research Handbook on Intellectual Property Rights and Arbitration (Research Handbooks in Intellectual Property series)

The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale. Bringing together an array of distinguished academics and professionals from across the globe, the central theme of this Research Handbook is the relationship between intellectual property and arbitration in general. Individual chapters consider such questions as the arbitrability of intellectual property disputes, suitable arbitration bodies, and the protection of trade secrets in arbitral proceedings. Specific fields of intellectual property arbitration such as licensing, copyright and domain name disputes are deftly considered alongside investor-state dispute settlement, whilst national perspectives on intellectual property arbitration are also surveyed. Both incisive and authoritative, this Research Handbook will prove essential for researchers and students who are interested in intellectual property law and dispute resolution. Legal practitioners active in arbitrating intellectual property disputes will similarly benefit from the applied nature of the text. Front Matter Copyright Contents Figures Tables Contributors Preface and acknowledgements Introduction to the Research Handbook on Intellectual Property Rights and Arbitration Part I IPRs and Arbitration in General 1. Arbitrability of IPRs disputes 2. Arbitration bodies for arbitration of IPRs disputes: IP arbitration and DIS Arbitration Rules 3. Arbitration through the Unified Patent Court’s PMAC 4. Mediation of IPR disputes 5. Mediation of IP disputes 6. Arbitration – the chamber of secrets? An analysis of procedural rules and technical tools for the protection of trade secrets in arbitration 7. Recognition of state court decisions arising from IPR disputes by arbitral tribunals under the Brussels Ia-Regulation Part II Specific Fields of IPRs Arbitration 8. Arbitration v litigation in disputes related to licensing agreements 9. Arbitration in SEP/FRAND disputes 10. Efficient arbitration agreements in the context of patent pools: consideration of rules on multi-party arbitration in licensing disputes 11. Copyright arbitration in the Brazilian media market 12. Domain name arbitration 13. The Protection of Intellectual Property Rights through WTO Dispute Settlement 14. International investment arbitration as an alternative venue for litigating intellectual property disputes: The example of beIN Corporation v Saudi Arabia Part III National Perspectives on IPRs Arbitration 15. Resolution of IPR disputes in Australia 16. Arbitration of intellectual property rights disputes in Austria 17. Intellectual property rights arbitration in Brazil 18. Arbitration of IP disputes in China 19. Arbitration of IPRs in England & Wales 20. Arbitration and intellectual property in French law 21. Patent disputes in Germany: arbitration vs litigation 22. IPRs arbitration in Indonesia and South-East Asia 23. IPRs arbitration in Italy: potential benefits and future challenges 24. IPRs Arbitration in Japan 25. IP arbitration in Korea 26. IPRs arbitration in Mexico 27. IPRs arbitration in the Netherlands 28. IPRs arbitration in Poland, Hungary and the Czech Republic 29. IP and arbitration in Russia 30. IPRs arbitration in Switzerland 31. IPRs arbitration in the US Index