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학술논문중재연구2014.09 발행KCI 피인용 1

Arbitrating IP Disputes: the 2014 WIPO Arbitration Rules

Arbitrating IP Disputes: the 2014 WIPO Arbitration Rules

Christopher Boog(Schellenberg Wittmer Ltd.,Switzerland); James Menz(Schellenberg Wittmer Ltd.,Switzerland)

24권 3호, 105~124쪽

초록

There is a growing interest in resolving intellectual property rights disputes through arbitration rather than in state courts. The internationalization of commercial relations, one of the most significant drivers of the growth of international arbitration in general, encompasses intellectual property relationships as well. In 2014, the World Intellectual Property Organization Arbitration and Mediation Center revised its arbitration rules. The revision is part of a wave of recent updates of institutional arbitral rules. After briefly introducing the WIPO Center as an arbitral institution, this article assesses the features of the WIPO Rules that make them suitable for the particular challenges of IP-related disputes. A second part reviews the salient new aspects of the WIPO Rules from a comparative perspective.

Abstract

There is a growing interest in resolving intellectual property rights disputes through arbitration rather than in state courts. The internationalization of commercial relations, one of the most significant drivers of the growth of international arbitration in general, encompasses intellectual property relationships as well. In 2014, the World Intellectual Property Organization Arbitration and Mediation Center revised its arbitration rules. The revision is part of a wave of recent updates of institutional arbitral rules. After briefly introducing the WIPO Center as an arbitral institution, this article assesses the features of the WIPO Rules that make them suitable for the particular challenges of IP-related disputes. A second part reviews the salient new aspects of the WIPO Rules from a comparative perspective.

발행기관:
한국중재학회
DOI:
http://dx.doi.org/10.16998/jas.2014.24.3.105
분류:
무역학

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