THE UNITED STATES PATENT AND TRADEMARK OFFICE SYMPOSIUM ON TRENDS IN ALTERNATIVE DISPUTE RESOLUTION CONCERNING INTELLECTUAL PROPERTY RIGHTS LITIGATION: Can Alternative Dispute Resolution Mechanisms Become the Default Method for Solving International Intellectual Property Disputes? Skip over navigation
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Copyright (c) 2012 California Western School of Law
California Western International Law Journal

THE UNITED STATES PATENT AND TRADEMARK OFFICE SYMPOSIUM ON TRENDS IN ALTERNATIVE DISPUTE RESOLUTION CONCERNING INTELLECTUAL PROPERTY RIGHTS LITIGATION: Can Alternative Dispute Resolution Mechanisms Become the Default Method for Solving International Intellectual Property Disputes?

Fall, 2012

California Western International Law Journal

43 Cal. W. Int'l L.J. 39

Author

Jacques de Werra*

Excerpt



I. Introduction
 
The challenges and difficulties of litigating international intellectual property (IP) disputes before domestic courts are well-known. This is particularly the case in Europe, as it is common to enforce the same European patent 1 differently depending on the country at issue and the applicable local patent law. 2 However, this may change due to the adoption of a European unified patent court system. 3

The complexity of litigating IP disputes in a cross-border context, which is connected to the principle of territoriality, 4 can arise in all key aspects of private international law such as the jurisdiction, 5 the governing law, 6 and the enforcement of foreign court decisions. 7 The enforcement of foreign court decisions on IP disputes can obviously be facilitated when regional regulations provide a framework under which the grounds for non-enforceability are narrowly construed. 8

The challenges of litigating international IP disputes before domestic courts and the diverging regulatory and judicial approaches, which have been adopted to address those challenges, explain and justify the efforts made by different groups of scholars to offer new visions and proposals to regulate the intricate field of private international IP law. 9

This essay will explore how the use of alternative dispute resolution (ADR) mechanisms can be promoted to solve international IP disputes. First, this essay will present the case of internet domain name dispute resolution and focus particularly on the Uniform Domain Name Dispute Resolution Policy (UDRP) and the way in which this ...
 
 
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