期刊名称:The John Marshall Review of Intellectual Property Law
印刷版ISSN:1930-8140
电子版ISSN:2154-9893
出版年度:2013
卷号:10
期号:2
页码:10
出版社:The John Marshall Law School
摘要:This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.