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Vol 21 No 10 Oct/Nov 2016

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Arbitration of International Intellectual Property Disputes

Edited by: Thomas D. Halket

ISBN13: 9781933833675
Published: June 2012
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardcover
Price: £130.00



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With the world more and more depending on technology of all types, the continued and growing importance of intellectual property cannot be understated.

There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes.

This book, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision.

It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability.

Subjects:
Intellectual Property Law, Arbitration and Dispute Resolution
Contents:
The nature of Intellectual Property and Disputes Involving Intellectual Property- Why Arbitrate IP Disputes, Thomas Halket
The Arbitrability of International Intellectual Properly Disputes, Dianne Phoebus
The Arbitration Agreement, Susan Nycum
A Survey of the IP Specific Rules of ADR Administrating Bodies, Frank Politano
Choosing the Tribunal, James Bridgeman
Confidentiality, During and After the Proceedings, Laura A. Kaster
Discovery/Disclosure, Joseph Zammit, Todd Hambidge and Jamie Hu
Validity Determinations, Joel Lutzker
Choice of Law, David Evans and Theodore J. Folkman
The Impact of Public Policy Considerations, Richard Kreindler
Provisional and Final Remedies, John Fellas and Benjamin Thompson
Enforceability, Thierry Calame and Martin Aebi
The Future: Dispute Resolution Boards etc., Thomas Halket and Michael Cover