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- Title
INTELLECTUAL PROPERTY ARBITRATION: THE ISSUE OF OBJECTIVE ARBITRABILITY.
- Authors
PEPELJUGOSKA, Ana; Kambovski, Igor; Gurkova, Olga
- Abstract
The issue of arbitrability addresses the question of whether a dispute is legally amenable to resolution by arbitration. The essencial in this analysis are the existence, validity and scope of the arbitration agreement. In respect of the arbitrability of the intellectual property disputes, major concern is the nature of these rights. Lately, however, it is considerd that the arbitration is the very desired alternative for the right holders. The resoning behind this is the fact that the arbitral awards are enforceable in most of the states, the parties have freedom of choice and the arbitration procedure is quick and cost efficient compared to the litigation. The comparative approach points out to a very harmonized legislation with a remark that the courts in the USA and EU are straining to slowly overcome certain prejudices and allow the intellectual property rights to be arbitrable per se.
- Publication
Vizione, 2018, Issue 30, p184
- ISSN
1409-8962
- Publication type
Article