Intellectual Property

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

/ /Leave a comment

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…