Industrial Property Disputes Resolution Using Arbitration And Mediation

Gjorgjioska, Emilija (2018) Industrial Property Disputes Resolution Using Arbitration And Mediation. International Balkan and Near Eastern Social Sciences Congress Series X. IBANESS Congress Series-Ohrid / MACEDONIA. pp. 453-460. ISSN 978-9989-695-62-9

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Abstract

Abstract: Considering the prominence of the industrial property for its originators or owner, as well as the impact that it
has on the overall economic development, the effective protection of these rights is a subject to continuous updating and
improvement. The disputes arising in connection with the rights of the industrial property, except being subject to
litigation, can also be solved by using some of the alternative methods of dispute resolution such as arbitration and
mediation. This paper will contain an analysis of the objective arbitrability and objective mediability of these disputes, as
well as benefits from the application of the alternative measures, in terms of the regular judicial protection in the civil
proceedings. The answer of the question whether disputes referring to industrial property rights can be resolved by
arbitration and mediation should be found in the legislation of every country, since not every country allows an alternative
way of resolution of these disputes. The situation in the Macedonian legislation and institutional organization in terms of
the alternative dispute resolution of intellectual property also will be elaborated. Special emphasis will be made on the work of the Center for Arbitration and Mediation under the World Intellectual Property Organization (WIPO). The purpose of this paper is to show the advantages of the application of the alternative methods for protection of industrial property. The regular use of mediation and arbitration would contribute for increasing the efficiency when protecting the industrial property rights, which would provide broader access to justice

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Economics and Business
Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Economics
Depositing User: Mr Dimitar Risteski
Date Deposited: 03 Mar 2023 05:42
Last Modified: 03 Mar 2023 05:42
URI: https://eprints.uklo.edu.mk/id/eprint/7755

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