Modern Jurisprudence and Law

Modern Jurisprudence and Law

Arbitration of intellectual property claims through the approach of international law and Iranian law

Document Type : Original Article

Authors
1 department of law Islamic azad university of Isfahan(khorasgan).Arbitrator of the Judicial Center of the Judiciary
2 Department of Law islamic azad University of Qom Azad. Head of the Arbitration tribunal of the Judiciary Bar Center
3 bachelor student of law Islamic azad university Najaf Abad. Member of the Research Committee of the Arbitration tribunal of the Bar Association of the Judiciary
10.22034/jml.2022.525933.1096
Abstract
Arbitration is one of the most important and alternative ways of resolving disputes. Resolving legal disputes through arbitration has advantages over litigation, such as the speed of arbitration over litigation, as well as the consent and agreement of the parties to the arbitration, whether the agreement is in the contract or after the dispute. also, disputes related to intellectual property are also areas of arbitration, but in Iran, the study of the arbitrability of intellectual property claims is one of the objectives of this study. On the other hand, the subject of intellectual property rights as a specialized subject requires experience, knowledge and mastery of relevant international rules. However, the question of what claims in the field of intellectual property can enter the arbitration process, by examining the draft of the Comprehensive Arbitration Law and the executive policies of national measures related to industrial property adopted in 1392 and the WIPO Arbitration Center and arbitrators in the field of arbitration will be given Which shows the special attention to the arbitration of intellectual property claims and shows that the existence of a competent intellectual property court in Tehran does not negate arbitration and arbitration in the field of contracts of transfer and exploitation of intellectual property, ownership of unregistered trademarks may be possible.
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Articles in Press, Accepted Manuscript
Available Online from 31 January 2024