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- Title
Objective Arbitrability Of Industrial Property Disputes.
- Authors
GJORGJIOSKA, Emilija; GORGIEVA, Dijana
- Abstract
As well know method for resolving disputes, especially when involving parties are from different countries, the arbitration has become very popular nowadays. National legislators have a fully freedom to regulate the limits of objective arbitrability in the lex nationalis. As a result of this, we can testify inconsistancy in commparative law when defining the boundaries of objective arbitrability, esspecialy arbitrability of industrial porperty rights. Intellectual property disputes have a few characteristics that may be better addressed by arbitration than by civil procedure. The subject of analysis of this paper are the comparative solutions that regulate the objective arbitrability of industrial property disputes. According to this analysis we can make a conclusion that some countrise have broader approach to arbitrability of industrisal property rights, but some still does not. The analysis shows that most of the countries are unanomios that arbitration is allowed for disputes which are arising from disposable industrial property rights. This analysis was made in order to see if it is necessary in which types of industrial property disputes it is justified to expand the limits of objective arbitrability pro futuro.
- Subjects
INDUSTRIAL property; LABOR disputes; DISPUTE resolution; CIVIL procedure; INTELLECTUAL property; PROPERTY rights; BOUNDARY disputes
- Publication
Balkan & Near Eastern Journal of Social Sciences (BNEJSS), 2023, Vol 9, Issue 4, p7
- ISSN
2149-9314
- Publication type
Article