Intellectual Property

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

, (Korean Commercial Arbitration Board (KCAB))/ /Leave a comment

In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…

California, California International Arbitration Week, Intellectual Property, Intellectual Property Rights, Patent, Patents

(Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law) and (Pepperdine Caruso School of Law)/ /Leave a comment

As part of the second annual California International Arbitration Week, KCAB and LimNexus hosted an expert panel on the arbitration of international patent disputes. This post presents some highlights from the panel. The panel was moderated by Steve Kim who currently serves as Secretary-General of KCAB International and included as speakers Conna Weiner (Arbitrator &…

Intellectual Property, Intellectual Property Rights, Patent, Patents, WIPO

, (Labgold Law)/ /Leave a comment

As noted in GAR’s Guide to IP Arbitration, “one of the noticeable trends in international arbitration in the past several years has been the growing use of arbitration to resolve IP-related disputes.”  The World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center reports that its filings (arbitration, mediation and expert determination) increased by over 15%…

Intellectual Property, Paris Arbitration Week

, (Linklaters LLP)/ /Leave a comment

The Silicon Valley Arbitration & Mediation Center (SVAMC) held a virtual panel discussion on Arbitration and Trade Secrets during the Paris Arbitration Week. SVAMC’s CEO, Les Schiefelbein, opened the event and Stan Putter (Partner, Smallegange Lawyers) moderated the panel discussion. The panel included Sana Belaïd (Senior Counsel, Cisco Systems), Ignacio de Castro (Director, World Intellectual…

FRAND arbitration, Intellectual Property, Technology

(University of Tilburg)/ /Leave a comment

Technology is crucial in the contemporary, knowledge-based economy. Over the past decade, technology-related, telecommunications, and now Internet of Things (IoT) disputes have gained momentum. An area of relevance has been ‘Fair, Reasonable and Non-discriminatory’ (FRAND) litigation. It relates to the licensing terms of patents essential to the implementation of a standard. While litigation is an…

Arbitration, Arbitration Proceedings, COVID-19, Intellectual Property, International arbitration, Investment, Investment Arbitration, Investment law, Patents

(Lévy Kaufmann-Kohler)/ /Leave a comment

Since the COVID-19 outbreak, pharmaceutical companies have engaged in a highly competitive and risky vaccine race. In less than 10 months from the declaration of the global pandemic, the vaccine developed by Pfizer-BioNTech received its first regulatory approval, followed by the success stories of other companies. The swiftness of these results was praised as “unprecedented”…

Arbitration Institutions and Rules, Asia, China, Hong Kong, India, Intellectual Property, Paris Arbitration Week, Set aside an arbitral award, Singapore, South Korea, Webinar

(Schellenberg Wittmer Pte Ltd)/ /Leave a comment
YSIAC

On 10 July 2020, a panel of arbitration practitioners discussed the topic of “Recent Developments and Key Arbitration Trends in Asia” as part of the 2020 Paris Arbitration Week. The panel discussion covered the distinctive features of and the latest developments in five different jurisdictions: Singapore, China, Hong Kong, South Korea and India. Hosted by…

Intellectual Property, Interview, Interviews with Our Editors, Panel of Arbitrators, Space Arbitration, Technology, technology industry

(Musick, Peeler & Garrett LLP)/ /Leave a comment

Mr. Schiefelbein, welcome to the Kluwer Arbitration Blog!  We are grateful to have the opportunity to share your unique perspectives with our readers. Please give our readers a brief introduction to yourself and your route to becoming CEO of the SVAMC. Following law school I was in the United States Air Force Judge Advocate General’s…

Arbitrability, Brazil, Intellectual Property, Patents, Trademarks

(Salusse, Marangoni, Parente e Jabur Advogados)/ /1 Comment

International background on IP arbitration The past decade has witnessed a substantial growth in the use of arbitration to solve Intellectual Property (“IP”) disputes. To the day, the WIPO Arbitration and Mediation Center (“WIPO Center”) has administered over 650 arbitration, mediation and expert determination cases, a number which grows faster every year, as portrayed by…

Artificial Intelligence, HK Arbitration Week, Hong Kong, Intellectual Property, Interviews with Our Editors

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Introduction Ms Winnie Tam SC is a leading intellectual property specialist in Hong Kong, and was the first female specialist of the field to be appointed Senior Counsel by the Chief Justice of Hong Kong in 2006. After her elected term as Chairman of the Hong Kong Bar Association (“HKBA”) between January 2015 and January…

Arbitrability, India, Intellectual Property, Intellectual Property Rights

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Young ICCA

Introduction The juxtaposition of laws that seemingly operate in different domains has posed a continual challenge to arbitration – conventionally, in the form of concerns over arbitrability of disputes. Here, arbitrability connotes the notion that a dispute, by its nature, is capable of being adjudicated beyond public fora, through a private tribunal chosen by parties….

Arbitrability, Intellectual Property, Intellectual Property Rights, WIPO, WIPO Arbitration Rules

(Schoenherr) and / /Leave a comment
Schoenherr

The relevance of intellectual property in business is on the rise, in particular concerning cross-border transactions. Accordingly, the willingness to defend such rights is also becoming stronger. Disputes concerning intellectual property rights are traditionally mainly dealt with before national courts. Yet, in recent years there has been a considerable shift towards arbitration. The acknowledgement that…

Arbitrability, India, Intellectual Property

and (West Bengal National University of Juridical Sciences)/ /1 Comment

Arbitration of IP disputes has inherent advantages of saving time and costs and ensuring confidentiality while also maintaining long-term business relations (see here). In India, arbitration will be especially useful in light of the enormous pendency of judicial cases. However, arbitrability of any subject-matter is dictated by a country’s public policy. In India, what forms…

Fair and Equitable Treatment, Intellectual Property, Intellectual Property Rights, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration, ISDS

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In the first part of this article, we discussed the problems of balancing an investor’s intellectual property rights with the sovereign right of a State. Now, we look at how Philip Morris v Uruguay has added to the debate. In 2010 Philip Morris challenged two measures adopted by the government of Uruguay: (1) a “single…

Fair and Equitable Treatment, Intellectual Property, Intellectual Property Rights, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration, ISDS

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The constructive framework of ISDS was intended to promote investment and growth through the establishment of a stable and predictable atmosphere for investment. However, some have argued that this purpose has been warped to allow a small group of private individuals to rule on public matters. Arbitrations such as CMS v Argentina, Tecmed v Mexico,…

Arbitration, Intellectual Property, Intellectual Property Rights

(Gary Benton Arbitration)/ /1 Comment

A recently released study on technology sector dispute resolution highlights significant distinctions in the sector’s perceptions of US domestic and international arbitration. The study conducted by the Silicon Valley Arbitration & Mediation Center (SVAMC), a non-profit educational foundation based in Palo Alto, California, was directed to understanding technology sector views regarding litigation and arbitration. The…

CIETAC, HKIAC, HKIAC Rules, Hong Kong, Intellectual Property, Intellectual Property Rights, Third party funding

(Fangda Partners)/ /Leave a comment
HK45

As Hong Kong enters the year of the Rooster, its arbitration community can look back on a year of the Monkey in which the territory’s institutions and authorities implemented a number of initiatives aimed to promote arbitration, and its courts rendered several pro-arbitration decisions. Third party funding for arbitration in Hong Kong In November 2016,…

Arbitration, Dispute Resolution, Intellectual Property, Media and Telecoms Disputes, Surveys

(Swiss International Law School (SiLS))/ /Leave a comment

The 2016 International TMT Dispute Resolution Survey, sponsored by Pinsent Masons LLP, is the seventh survey carried out by the School of International Arbitration since 2006. It is part of a major investigation into international dispute resolution practices and trends worldwide. This year’s survey, the largest industry-sector empirical study ever conducted in international arbitration, sought…

Arbitration, ECJ, Intellectual Property, Intellectual Property Rights

(JAMS International)/ /Leave a comment

As discussed in an earlier post, the Court of Justice of the European Union confirmed that its function is not to review findings of an Arbitrator or his interpretation of a Patent License Agreement: Genentech, Inc. v Hoechst GmbH/ Sanofi Aventis GmbH, Case C-567/14 (Judgment of the Court: 7 July,2016). 1. The Facts The terms…

Arbitration, CJEU, Intellectual Property

(JAMS International)/ /Leave a comment

On a reference from the Cour d’Appel de Paris, A.G. Wathelet upholds the primacy of an arbitral award as compatible with Art.101 TFEU in Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH, Case C-567/14 (Opinion of Advocate General Wathelet: 17 March 2016). 1. The Facts 1.1 The Patent License In 1992 a predecessor of Hoechst/Sanofi-Aventis…

Arbitration, Intellectual Property, Intellectual Property Rights, Unified Patent Court

(JAMS)/ /3 Comments

Arbitration of patent disputes in the United States is on the rise. While, perhaps, somewhat behind the U.S. in that respect, the evidence is that this pattern is being paralleled in Europe. Indeed, there is reason to believe that the volume has already significantly increased over the past few years and is likely to increase…

ADR, Intellectual Property, International arbitration, Patent

(Three Crowns LLP)/ /1 Comment
Three Crowns LLP

The arbitration of patent disputes is on the rise. This is not only because patent litigation has been subject to criticism on multiple grounds, but also because arbitration offers several distinct advantages. In an effort to further explore this growth field, the Georgetown International Arbitration Society hosted a panel on the subject as a part…