SOME ASPECTS OF INTELLECTUAL PROPERTY DISPUTES AND THE QUESTION OF ARBITRABILITY

Intellectual property disputes have become an actual issue thanks to the technological progress. The possibility of solving dispute with an alternative dispute resolution e.g. arbitration is even more appealing. The diversity of the intellectual property rights is raising the question of arbitrability which has already initiated many expert discussions. This paper is focused on examination of current perception on arbitrability of intellectual property disputes in international arbitration and questions which can be created by arbitrability. The main obstacles are especially disputes concerning validity and the moral rights. Both, however, can be found arbitrable by the restrictive usage of the international public policy and by referring to the inter partes effect of the award.