Intersections Between Intellectual Property and Dispute Resolution

Abstract

Dispute resolution takes an important place within the intellectual property (IP) framework. This chapter explores the intersection between the two and highlights some of the key challenges and issues that have emerged with respect to IP dispute resolution. By focusing on both civil adjudication and alternative dispute resolution (ADR), the chapter seeks to inspire research in a broad spectrum of topics of practical significance. In the context of civil adjudication, the chapter focuses on natural justice and proportionality, which are fundamental principles of procedural law that have gained a renewed interest in recent times, especially with regard to IP enforcement. In the context of ADR, the chapter focuses on the issue of arbitrability and interim measures, which are not new concerns but continue to pose challenges for IP-related ADR.