DoctorateOpen Access

Resolving ways of patent disputes

2008
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Advisor: Prof. Dr. Selma Çetiner

Abstract (EN)

The number of inventions subjected to patents and protection of the inventors of these inventions have a very close connection with the level of improvement of a country. In recent years there has been technology transfer intermediaries from developed countries to developing and underdevelopped countries.Development of international commercial relations and technology, increase the need for protection of patent rights. In parallel to this, resolution of patent disputes is becoming more important.Parties may prefer national courts or arbitration for resolving patent disputes. In case of choosing arbitration as a way of resolution then the issue of arbitrability of patent disputes arise. Each country has her own national regulations on this subject. However, the common trend is widening arbitrability in international arbitration.The need for a neutral platform in patent disputes, the long and expensive proceedings in national courts have led the parties to seek for alternative resolutions other than courts. Arbitration is an advantageous way of dispute resolution for the parties. However, since patent disputes have special characteristics, arbitration is not the preferable way of resolution all the time.The aim of this study is, examining the arbitrability of international patent disputes, comparing the resolving procedures in national courts and international arbitration and researching which resolution way is more convenient for the parties.Key Words: Arbitrating Intellectual Property Disputes, Patent Disputes, Arbitrating Patent Disputes, Arbitrability of Patent Disputes, WIPO Arbitration Rules.

Author

Dr. Armağan Ebru Bozkurt Yüksel

How to Cite

Armağan Ebru Bozkurt Yüksel (Doctorate thesis). Resolving ways of patent disputes, 2008, Dokuz Eylül University.

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