scholarly journals Cybersecurity in the International Commercial Arbitration for Intellectual Property Disputes

Legal Concept ◽  
2020 ◽  
pp. 129-135
Author(s):  
Ekaterina Kupchina
Keyword(s):  
Intellectual Property ◽  
Theoretical Data ◽  
Individual Case ◽  
Patent Law ◽  
Information Storage ◽  
Legal Rights ◽  
Private International Law ◽  
Cyber Attack ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

Introduction: in the paper the author considers such a complex and multi-level issue as cybersecurity in the international commercial arbitration, including when considering disputes related to the intellectual property violations. The rapidly developing areas of information technology dictate the need for rapid and adequate measures in this area. Modern approaches based on the risk assessment in each arbitration by the participants of the arbitration, as a result of which the arbitrators have the right to take measures based on the circumstances of each individual case, have become a subject of discussion in the modern scientific community. Although the significance of cybersecurity risks may vary from one case to another, the threat of a cyber attack occurs in almost every international arbitration. The purpose of the research is achieved by solving a number of tasks: to identify the most frequent cases of violation of the rights of legal rights holders; to highlight the problem of confidentiality of arbitration disputes. The methodology is based on a theoretical approach to the study of the arbitration rules, as well as a number of national sources and other normative acts. Based on the analysis of the theoretical data obtained, the author provides examples of the most frequent cases of violation of the confidentiality of arbitration proceedings, as well as highlights some modern approaches to solving this problem. The results of the research can be used in determining the key goals and objectives of the procedural nature, improving the functioning of judicial and non-judicial organizations, law enforcement, research, and teaching activities, in particular, lectures and seminars on private international law, arbitration, copyright and patent law. Conclusions: the increased awareness of participants of the international commercial arbitration about the ways of information storage and information security promotes the development of the institution of arbitration proceedings, increases the degree of confidence of the parties in the procedures for dispute resolution.

Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property

2014 ◽  
pp. 1-12
Author(s):  
Anurag K. Agarwal
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Resolution Method ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Doing Business ◽  
The Status ◽  
Court Proceedings

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

scholarly journals CREDIT AGREEMENT WITH FIDUCIARY COLLATERAL IN THE FORM OF A PATENT IN THE PERSPECTIVE OF INDONESIAN LAW

2019 ◽  
Vol 7 (5) ◽  
pp. 71-75
Author(s):  
Aili Papang Hartono, S.H.
Keyword(s):  
Intellectual Property ◽  
Financial Institutions ◽  
Research Study ◽  
Theoretical Data ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Patent Holder ◽  
Community Needs ◽  
Credit Agreement ◽  
Exclusive Right

Purpose: Community needs for capital are obtained in various ways, one way is to make a debt agreement with financial institutions. This method is one way that is quite simple to obtain funds to support business activities. This debt agreement is usually carried out with a guarantee that the guarantee is a complement to provide assurance for financial institutions, in this case, the bank can obtain a loan refund in the event of an interpretation. One of the things that can be used as collateral is a patent. With the issuance of the latest law the patent is one way to obtain a loan from the bank. Methodology: This research study gathered theoretical data about loan granting under fiduciary security of patent. Main Findings: The development of the global community has caused development in security of loan application in banking internationally, one of them is security by using Patent. In Article 108 paragraph (1) of Patent Law, it is stated that right on Patent can be used as fiduciary security. The existing regulation indicates that the State supports economic development through granting of loan to Patent holders in order to develop their invention. A Patent Holder shall have an exclusive right to use the Intellectual Property Right by his/herself by using it as security. Implications/Applications: The findings of this study are helpful for the individuals in understanding the aspect of patents and exclusive rights held by the owner in order to secure Intellectual Property.

scholarly journals Intellectual property disputes and international arbitration

2021 ◽  
Vol 58 (3) ◽  
pp. 929-941
Author(s):  
Ay Yunus Emre
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Suitable Alternative ◽  
International Commercial Arbitration ◽  
Set Up ◽  
Commercial Disputes

International arbitration is widely enjoyed in international commercial disputes. Popular arbitral institutions are known for international commercial disputes. Moreover, academic papers generally analyse international commercial arbitration. However, intellectual property disputes are also resolved in arbitration. Therefore, WIPO set up arbitration and mediation institution in its body. Purpose of this paper is to emphasize that arbitration is also suitable alternative dispute resolution for intellectual property disputes.

Part 1 General and Special Reports, 7 International Commercial Arbitration: Perspective on the Hague Principles in International Commercial Arbitration

2021 ◽  
Author(s):  
Gama Lauro ◽  
Girsberger Daniel ◽  
Rodríguez José Antonio Moreno
Keyword(s):  
International Law ◽  
State Court ◽  
Private International Law ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
International Commercial Arbitration ◽  
Party Choice ◽  
The Hague ◽  
Model Law

This chapter studies how the private international law rules of most jurisdictions have traditionally addressed State court litigation, without considering the specificities of international arbitration. Many nations have now created their own legislation for international arbitration or adopted the UNCITRAL Model Law on International Commercial Arbitration. These laws regularly contain their own rules dealing with parties’ choice of law on the merits. The chapter then explores choice of law in international arbitration with a particular view on the Hague Principles which are, as paragraph 4 of their Preamble discloses, intended to apply equally to courts and arbitral tribunals. It analyses the approach arbitral tribunals have taken when confronted with choice of law issues, and particularly a party choice of the law applicable to the merits of the dispute. The chapter also assesses whether it is correct and if so, for which reasons, and in which way, that commercial parties have a larger autonomy in arbitration, compared to litigation, to choose non-State rules of law, and which types of rules they may choose. Finally, it demonstrates why, how, and to what extent the Hague Principles can contribute to define, delineate, interpret, and supplement existing (conflict of law) regimes in the field of international arbitration.

Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter

2019 ◽  
pp. 310-324
Author(s):  
Giuditta Cordero-Moss ◽  
Diego P. Fernández Arroyo
Keyword(s):  
International Law ◽  
Private International Law ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
International Commercial Arbitration

This chapter reproduces a keynote debate that took place at one of the conferences in Edinburgh in the context of the PILIM project. Diego Fernandez Arroyo and Giuditta Cordero-Moss discussed the role of private international law in international commercial arbitration. They discuss the usefulness of conflict rules in arbitration proceedings, among other things where the parties have made a choice of law, examining also the limitations of choice of law clauses.

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