Mediation-arbitration (Med-Arb) in disputes arising from industrial property law

Industrial property rights are abstract rights that provide monopoly rights to their owners. Considering that industrial property rights are monopolized by their owners only for a certain period, time and expense are essential factors in resolving disputes arising from industrial property rights. For this reason, it is necessary to use dispute resolution methods based on efficiency in resolving disputes arising from industrial property rights. Med-Arb, one of these methods, is a mixed dispute resolution method consisting of mediation and arbitration. In addition to combining the beneficial features of mediation and arbitration, Med-Arb also has its own advantages and disadvantages. Med-Arb is not only a mixed dispute resolution method but also serves as the primary model for several mixed dispute resolution methods. Med-Arb has found its place in our law through the regulations of institutional arbitration centers. In order to use the Med-Arb method in resolving disputes arising from industrial property rights, the arbitrability of this method should be reviewed. Considering the benefits that Med-Arb provides to the parties in commercial disputes and especially in disputes arising from industrial property rights, legal regulations should be made for the usage of this method to become widespread. Furthermore, there is a necessity to inform practitioners and participants of commercial life about this method.