International Arbitration of Intellectual Property Disputes

Intellectual property (IP) rights are key assets for most international firms, particularly those in the pharmaceutical, technological and entertainment industries. The modern demand for these firms’ IP raises important questions as to how best it can be protected in a cross-border context. These questions have spurred an increasing interest in the arbitral process for the resolution of complex multi-jurisdictional disputes.To this extent, the handbook offers guidance into the world of IP arbitration for practitioners and businesses. It covers topics which are key to understanding the role of arbitration in protecting IP rights, including: the benefits of arbitrating IP disputes, arbitrability of IP-related disputes, the legal framework for arbitrating IP disputes, confidentiality of the arbitration proceedings, considerations for drafting the arbitration agreement, considerations for the conduct of the arbitration proceedings, remedies for IP rights violations, the enforceability of arbitration awards affecting IP rights, the submission of standard-essential patent disputes (FRAND disputes) to arbitration, and IP-related international investment arbitration. The authors are highly regarded lawyers in a leading international law firm. They are specialized in litigation and international arbitration. The editors Dr Peter Chrocziel , Dr Boris Kasolowsky and Wolrad Prinz zu Waldeck und Pyrmont are partners; Robert Whitener is principal associate in Freshfields Bruckhaus Deringer in Frankfurt and Munich. Intellectual property (IP) rights are key assets for most international firms, particularly those in the pharmaceutical, technological and entertainment industries. The modern demand for these firms’ IP raises important questions as to how best it can be protected in a cross-border context. These questions have spurred an increasing interest in the arbitral process for the resolution of complex multi-jurisdictional disputes. To this extent, the handbook offers guidance into the world of IP arbitration for practitioners and businesses. It covers topics which are key to understanding the role of arbitration in protecting IP rights, including: the benefits of arbitrating IP disputes, arbitrability of IP-related disputes, the legal framework for arbitrating IP disputes, confidentiality of the arbitration proceedings, considerations for drafting the arbitration agreement, considerations for the conduct of the arbitration proceedings, remedies for IP rights violations, the enforceability of arbitration awards affecting IP rights, the submission of standard-essential patent disputes (FRAND disputes) to arbitration, and IP-related international investment arbitration. The authors are highly regarded lawyers in a leading international law firm. They are specialized in litigation and international arbitration. The editors Dr Peter Chrocziel, Dr Boris Kasolowsky and Wolrad Prinz zu Waldeck und Pyrmont are partners; Robert Whitener is principal associate in Freshfields Bruckhaus Deringer in Frankfurt and Munich.