The capability of intellectual property disputes of being settled by ADR: theoretical and practical approach under Jordanian law

Authors: Daradkeh, L.M.1; Kasawneh, Ala Elden2

Source: International Journal of Intellectual Property Management, Volume 4, Number 4, November 2011 , pp. 283-296(14)

Publisher: Inderscience Publishers

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Abstract:

Rights pertaining to intellectual property have been mainly categorised, under Jordanian laws, to cover trademarks, patents, copyright, unfair competition and trade secrets, integrated circuits, geographical indicators, industrial designs and models, and the new plants classifications. Alternative dispute resolution have also been categorised under Jordanian laws to cover arbitration, mediation and conciliation. This article examines the reliability and viability of alternative dispute resolution to resolve intellectual property disputes. It answers the question whether disputes arising over intellectual property rights can only be resolved using alternative dispute resolution. In other words, do intellectual and industrial property disputes have special nature which makes them different from the nature of other disputes to be resolved in a particular way? It is found that the disputes arising over the exploitation of the intellectual property rights can be resolved by alternative dispute resolution, and it is also found that it is possible to apply both arbitration and mediation laws to resolve intellectual property disputes as far as Jordan is concerned.

Keywords: MANAGEMENT AND BUSINESS; Law

Document Type: Research article

DOI: http://dx.doi.org/10.1504/IJIPM.2011.043880

Affiliations: 1: Commercial Law-Private Law Department, Faculty of Law, United Arab Emirates University, P.O. Box 15551, Al-Ain, UAE. 2: Faculty of Law, Yarmouk University, P.O. Box 566, Irbid, Jordan

Publication date: 2011-11-01

More about this publication?
  • The objectives of the International Journal of Intellectual Property Management are two-fold: firstly, to enhance communications between policy makers, organisational agents, academics, and managers on the critical understanding and research on intellectual property; secondly, to promote the development of the newly-cultivated research field. A truly international perspective to the studies of intellectual property is applied, with a great emphasis on issues in management, economics, politics, and international business
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