Arbitrability of Intellectual Property Disputes

This research paper aims to examine the arbitrability of intellectual property disputes by clarifying the limits of resorting to arbitration as an alternative means of resolving such disputes, as well as the extent to which public policy rules affect the possibility of submitting them to arbitral tribunals. The study addresses the positions of comparative legislation, doctrinal approaches, and judicial practices regarding disputes that may be subjected to arbitration and those excluded from it. The study concludes that arbitration has become an effective mechanism in many intellectual property disputes, particularly those related to financial rights and contractual relationships. However, disputes concerning the validity of rights, matters falling under the exclusive jurisdiction of public authorities, and certain issues of a penal nature remain outside the scope of arbitration due to their connection with public policy.