Arbitration on intellectual property disputes

As in commercial disputes, in the field of intellectual property, arbitration and other alternative dispute resolution methods have begun to attract more attention than state jurisdiction. Although there is no centre that provides arbitration services only in the field of intellectual property in Turkey, there is no obstacle to applying to existing arbitration centres in other areas in terms of disputes in question. Of course, in order to apply for optional arbitration in intellectual and industrial property disputes, the dispute must be arbitrable and an arbitration agreement must be concluded between the parties. Our study is about optional arbitration in the field of intellectual property. In the first part of this thesis, the concept of intellectual property umbrella will be explained. First, concept of the work according to Intellectual Property Law, terms to be considered as the work, the types of the work and the ownership terms to the work will be addressed, then in intellectual property rights will be explained under the Intellectual Property Law. In the second part of the thesis, the disputes that may be the subject of intellectual and industrial property rights will be explained. Those disputes will be examined in two groups as those arising from the contractual relationship and those not arising from the contractual relationship. In the last part of the thesis, applicability of the arbitration will be examined in terms of intellectual and industrial property disputes. The concept of arbitration, types of arbitration, arbitration contracts, arbitrators and matters related to arbitral proceedings will be explained. Then, in order to determine the applicability of the arbitration method in terms of intellectual and industrial property disputes, the issue of arbitrability will be mentioned. Finally, a general evaluation will be made about the preference of arbitration in terms of intellectual and industrial property disputes.