IP DISPUTE RESOLUTION THROUGH INTERNATIONAL COMMERCIAL ARBITRATION: US EXPERIENCE

Ekaterina Kupchina¹, Olga Kuznetsova², Kamo Chilingaryan³*
¹Associate Prof., RUDN University, The Russian Federation, belousova-ev@rudn.ru
²Associate Prof., RUDN University, The Russian Federation, o715575@mail.ru
³Associate Prof., RUDN University, The Russian Federation, chili1@yandex.ru
*Corresponding author

Abstract

At present, intellectual property disputes are often associated with the rule of law of several states and several respondents, covering issues that are an integral part of new and fast-growing technologies. Numerous researches conducted in the field of the effective resolution of IP disputes have shown that patent litigation means significant costs, especially for small and medium businesses. Because of costly litigation, the number of high-tech research and development, as well as the possibility of investing in high-yield start-ups, is significantly reducing.
IP disputes arise in a wide range of business sectors, including telecommunications, biotechnology, pharmaceuticals, and other areas of science and technology, ranging from basic contracts to multi-billion dollar claims for violations related to the issuance of a patent license. The arbitration procedure in international intellectual property disputes is a unique problem due to the fact that it is a valuable asset.

The cost, duration and complexity in resolving intellectual property disputes are increasingly encouraging the parties to seek for alternatives. Often, issues related to IP are solved by reaching a compromise directly in the settlement process or by mediation. However, in case of impossibility to apply alternative procedures, arbitration is increasingly viewed as an effective way to resolve a dispute.

 This article analyses and compares the judicial and arbitration methods of dispute resolution in intellectual property. The conclusions, made in the course of the study reveal the strengths and weaknesses of the arbitration procedure for intellectual disputes.

The goal is achieved by solving a number of tasks:
- To explore the features of the dispute settlement in intellectual property through international commercial arbitration;
- To identify the most frequent errors that occurs in the analysis and evaluation of evidence by the arbitral tribunal;
- To highlight the problem of the arbitrability of disputes in intellectual property protection in the Russian Federation, taking into account the international experience.
The study of arbitration regulations, as well as a number of national sources and other regulations, was carried out using the methods of specific research, logical, statistical and content analysis. In their work on the topic, the authors relied on the results of research by Russian and foreign legal theorists.
The results of the study can be used in determining key objectives and tasks of a procedural nature, improving the functioning of judicial and extra-judicial organizations, law enforcement, research activities, as well as in teaching, in particular, lectures and seminars on courses on private international law, arbitration process, copyright and patent law.

Keywords: American Arbitration Association, intellectual property (IP), appeal, arbitration, arbitration rules, appeals board.