International arbitration provides, in theory, an attractive alternative to litigation for resolving cross-border intellectual property ("IP") disputes. Yet IP arbitration has not gained as much traction in practice as one might expect. One of the main obstacles to the ubiquity of IP arbitration is subject-matter non-arbitrability, and the traditional view that IP disputes, particularly disputes relating to the validity of registered IP rights, are not capable of settlement by arbitration. There are, however, trends indicating a progressive retreat from this position. This article discusses these trends, including certain recent developments in Hong Kong and their implications.
IP Disputes
IP refers to a broad range of property rights that enable the protection, sharing and transfer of intangible but valuable objects, including creative expressions, industrial inventions, and commercial names.1
Depending on the nature of the IP and the applicable national law, IP rights may require registration and may subsist only for a fixed duration. Well-known examples of IP rights are copyrights, patents and trademarks.
Footnote
1 See e.g. T. Cook and A. Garcia, International Intellectual Property Arbitration, 2010, at p. 5.
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Originally published in featured in Magna Charta Magazine
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