Record Details

Economics of Arbitrability in International IP Contracting

Journal of Law and Commerce

View Archive Info
 
 
Field Value
 
Title Economics of Arbitrability in International IP Contracting
 
Creator dels Sants Mirambell Fargas, Miquel
 
Description IP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive advantages is disregarded in too many instances. Having regarded the ever‑growing importance of IP rights for companies’ productivity and today’s primary use of arbitration in cross‑border contracting, the present research aims at pointing that out. It applies a transaction cost economics approach and takes into account the legal comparative background. The study finally examines arbitrability of IP validity with inter‑partes effect as an operable solution and the advantages of a predictable model as was early adopted by the United States.
 
Publisher University Library System, University of Pitt
 
Contributor —
 
Date 2019-04-24
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/164
10.5195/jlc.2019.164
 
Source Journal of Law and Commerce; Vol 37, No 2 (2019)
2164-7984
0733-2491
 
Language eng
 
Relation http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/164/147
 
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