Privatizing Dispute Resolution: International Intellectual Property Agreements as a Gateway to Trigger Investor-State Arbitration

2019 ◽  
pp. 573-596
Author(s):  
Fenghua Li
2021 ◽  
Vol 2 (1) ◽  
pp. 24-35
Author(s):  
Lompoh Egia Nuansa Pinem ◽  
Ni Luh Dwik Suryacahyani Gunadi

In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.


2005 ◽  
Vol 1 (3) ◽  
pp. 555-569 ◽  
Author(s):  
Carmen Collar Fernandez ◽  
Jerry Spolter

Author(s):  
Gary Lea

The author seeks to illustrate some of the ongoing problems that patents present for those seeking to standardize in the ICT field. The chapter illustrates these problems by drawing on patent and international trade disputes surrounding the rollout of IEEE 802.11 family (colloquially, “WiFi”) technologies during 2003 and 2004. It then presents several solutions including the introduction of a more systematic approach to dispute resolution by standards development organizations (SDOs) based around ADR procedures derived from the domain name Uniform Dispute Resolution Policy (UDRP), corresponding changes to dispute handling in international trade disputes and, in the long term, alternation to intellectual property laws to allow for appropriately-tailored standardization exceptions (at least at the level of interoperability).


Author(s):  
Anurag K. Agarwal

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.


Author(s):  
Tess Wilkinson-Ryan

Experimental psychology has become an increasingly reliable and available tool for legal scholars the research of which implicates human behaviour and cognition. This article considers areas of legal scholarship that have used experimental psychology in different ways. These areas include tort law and settlement (e.g. assessing fairness, punishment, and compensation); contracts (e.g. assessing the social, moral, and practical meanings of promissory obligations for ordinary people); dispute resolution, intellectual property, and studies on the differential effects of certain manipulations on different cultural sub-groups. Using these areas as case studies, it is possible to unpack the resonances, implications, and limitations of an experimental psychology approach to legal questions. The article concludes with an example of how experimental psychology has been used to uncover and explain a real-world effect, in this case in the bankruptcy context.


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