Intellectual property is today a significant and growing component of many commercial and corporate transactions. As trade and commercial relationships have spread across the globe, intellectual property disputes have in turn grown more complex as they frequently involve scientific or technical issues of fact. This complexity is further compounded by the fact that IP rights are territorial and vary from country to country.

Designed for practitioners--whether arbitration counsel, arbitrators, in-house counsel or transactional lawyers---the second edition of Arbitration of International Intellectual Property Disputes, examines the issues unique to IP arbitrations, and offers extensive reference to case, statutory and other support, while providing specific “bullet-point” advice on “best” or “better” practices.

 It expands on the highly praised first edition with updated treatment of arbitral rules promulgated since 2012, greater coverage of arbitral institutions and soft law, choice of laws applicable to the arbitration clause, arbitrability and claims of privilege, and introduces completely new topics such as emergency arbitrators, sanctions, diversity, privacy and cybersecurity that increasingly have become major areas of concern.



Table of Contents



Preface to the Second Edition

Preface to the First Edition

About the Editor

About the Contributors

Defined Terms



 CHAPTER 1: Introduction

Thomas D. Halket and Maria Chedid

 CHAPTER 2: Arbitrability of Intellectual Property Disputes

Steven A. Certilman and William H. Baker

 CHAPTER 3: The Arbitration Agreement

Thomas D. Halket and Maria Chedid

 CHAPTER 4: The Rules of Selected Administrative Bodies Relevant to Intellectual Property Disputes

Sherman Kahn and Conna A. Weiner

 CHAPTER 5: Choice of Arbitrator

James Bridgeman and Richard C. Levin

 CHAPTER 6: Confidentiality During and After Proceedings

Laura A. Kaster and Philip O'Neill

 CHAPTER 7: Disclosure and Admission of Evidence in the International Arbitration of Intellectual Property Disputes

Angela Foster and Merriann M. Panarella

 CHAPTER 8: Choice of Law

Theodore J. Folkman and David Lee Evans

 CHAPTER 9: The Impact of Public Policy Considerations

Richard Kreindler and  Jean-Yves Garaud

 CHAPTER 10: Provisional and Final Remedies

David H. Herrington and Alexandra K. Theobald

 CHAPTER 11: Enforceability

Thierry Calame and Martin Aebi

 

Table of Authorities

Table of Cases

Table of Statutes and Rules

Index