The Institutional Role in Arbitrating Patent Disputes

Authors

Murray Lee Eiland

Document Type

Article

Abstract

This paper will address, in particular, the nature of an international patent dispute and how the rules of the main arbitral institutions influence the unfolding arbitration. The main issue considered here is if institutional rules address the particular needs of patent disputes. Arbitral institutions are prepared to resolve many kinds of disputes, but because they operate under different rules, some may be more or less prepared for the special nature of IP. Patent related disputes are even more specialized. Even small differences in institutional rules can have a large impact upon the unfolding arbitration. After a brief consideration of arbitrability, special attention is paid to evidence, confidentiality, and interim relief in the various rules of permanent arbitral institutions. These latter three elements are critical for patent disputes. The primary sources are the rules themselves, supplemented by relevant national laws and cases. Special attention is paid to online sources, as the most up-to-date materials are in this medium.

Recommended Citation

Murray Lee Eiland, The Institutional Role in Arbitrating Patent Disputes, 9 Pepp. Disp. Resol. L.J. Iss. 2 (2009)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol9/iss2/3