Manual of Mediation and Arbitration in Intellectual Property: model for developing countries

By Alice Kelly

Manual of Mediation and Arbitration in Intellectual Property: Model for Developing Countries, written by Alice Kelly, this book is for students, professionals, and researchers who perform their services in the Intellectual Property field. The book offers a practical and innovative approach for Alternative Dispute Resolutions (ADR), with solid examples, and clear orientations about arbitration and mediation practices. This book also contributes for the dissemination of knowledge on the Intellectual Property Dispute Resolution.

• Language: English
• Publisher: Editora Dialética
• Release date: Jun 30, 2023
• ISBN: 9786525298979

Book preview

capaExpedienteRostoCréditos

To my parents, for dedicating themselves to my intellectual progress and

for being an example of true academics in their own lives.

‘Ceux qui peuvent vous faire croire à des absurdités peuvent vous faire commettre des atrocités.’*

Aqueles que podem fazer vocês acreditarem em absurdos, farão que vocês cometam atrocidades.

Anyone who can make you believe absurdities can make you commit atrocities.

*Voltaire

Presentation

This manual is based on the theme of Alice Kelly’s master’s dissertation graduate program in Public Policies, Strategies and Development at the Federal University of Rio de Janeiro. The dissertation is a requirement for obtaining a master’s degree in public policies, strategies, and development. It was supervised by Professor Claudia Inês Chamas, from Fiocruz. The examining board included Professor Ana Célia Castro, who teaches at the Federal University of Rio de Janeiro, Professor André Fontes, from Unirio, and Professor Nilton Cesar Flores, from the Universidade Estácio de Sá. Developing countries had to adapt to protection policies from developed countries and the effects of those protection policies. This added a higher degree of difficulty on how to navigate these policies and promote the improvement innovation. Developing countries have been striving to improve their innovation capacity, Intellectual Property policies are key to allowing innovation to flourish. The evolution of Dispute Resolution Systems is a result of the needs for modernization of intellectual property rights. In several countries, such as the United States, Canada, and European countries, specialized dispute resolution bodies have been created for intellectual property.

SUMÁRIO

Capa

Folha de Rosto

Créditos

Introduction

1. Political Changes That Influenced Intellectual Property Rights

Introduction

1.1 Intellectual Property And The Uruguay Round

1.2 The Internalization Of Trips

1.2.1 Legislative Reforms in Intellectual Property Rights

1.3 The Role Of Local Judicial Courts In Applying Intellectual Property Laws

Summary

2. Intellectual Property Dispute Resolution Mechanisms

Introduction

2.1 The Advantages Of Extrajudicial Dispute Resolution

2.1.1 Innovation Financing and the Specialized Intellectual Property Dispute Resolution

2.2 Characteristics Of Intellectual Property Mediation

2.2.1 The Enforceability of Mediation Agreement

2.2.2 Confidentiality

2.3 Characteristics Of Intellectual Property Arbitration

2.3.1 Autonomy and Flexibility of Procedures

2.3.2 Interpars Effectiveness

2.3.3 Confidentiality

2.3.4 Costs of Arbitration

Summary

3. Wipo And Icc’s Experience In Mediation And Arbitration

Introduction

3.1 The World Intellectual Property Organization (Wipo)

3.2 The World Intellectual Property Organization (Wipo) Mediation And Arbitration Center

3.3 Mediation In The World Intellectual Property Organization

3.4 Arbitration In The World Intellectual Property Organization

3.5 The Structure Of The Arbitration And Mediation Center

3.6 The International Chamber Of Commerce (Icc)

Summary

4. Arbitrations In Certain Developing Countries

Introduction

4.1 Arbitration Laws In Certain Developing Countries

4.1.1 The Principles of Confidentiality and Secrecy in Opposition to Acts of the Public Administration

4.2 The Arbitration Decision In Developing Countries

4.3 Available Property Rights

Summary

5. The Installation Process Of Arbitration And Mediation Centers In Developing Countries

Introduction

5.1 The World Intellectual Property Organization as a Partner of Developing Countries’ IP Offices

5.2 Inpi As Headquarters Of Wipo’s Model In The Establishment Of The Wipo Arbitration And Mediation Center In Singapore And Brazil

5.2.1 The solution to IP registration disputes

5.3 The Arbitration And Mediation Center According To The Memorandum Of Understanding Between Wipo And Developing Countries

5.4 The First Steps Of The Mediation Center In Developing Countries

5.4.1 The Fifty Case Mediation Pilot Project

5.5 The Cost Of Arbitration And Mediation In Developing Countries

Summary

Conclusion

References

Appendix

Appendix 1 - List Of Abreviations

Appendix 2 - List Of Interviewees

Attachments

Attachment A - Number of companies that implemented product and/or process innovations, 2017

Attachment B - Computer Program Deposit/year

Attachment C - Applications for geographical indications filed by type, 2008-2019

Attachment D - Invention patent applications filed, via Patent Cooperation Treaty or directly at the INPI, 2008-2019

Attachment E - WIPO ADR Procedures

Attachment F - Patent invention applications filed in 2018 by technology fields

Attachment G - Memorandum of understanding between WIPO and the Brazilian Industrial Property Institute

Landmarks

cover

titlepage

copyright-page

Table of Contents

bibliography

Introduction

In international trade, as well as in the laws of each country, intellectual property has been a controversial topic that generates many debates, involving access to essential goods, such as medicines, medical tests, and biological material. The institutions involved in the debate are the World Health Organization (WHO), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO). New regulations on Intellectual Property from these organizations have increased the number legal conflicts in countries regarding intellectual property issues. The content of these regulations varies from civil actions of competition law to criminal actions. These discussions are key to the foreign policy agendas of countries whose economies stand out on the international stage. Companies from these countries fight for their rights and the judgments before the courts of Intellectual Property Organizations, their disputes and the resolutions that come with them determine the kind compensation those companies receive. Certain developing countries are increasingly seeking new ways to facilitate the extrajudicial resolution of conflicts. These solutions are established when the country begins to organize itself so that technical aspects and the reduction of bureaucracy in various instances and endless resources are prioritized in the decisions of its conflicts (PUGLIESE, 2008, p. 19).

The topics in this manual discuss issues that require an interdisciplinary analysis. Instrumental resources are necessary to verify the public policies contained in this text. An attempt was made to contextualize the topic. Competition is an economic phenomenon regulated by the state. For this reason, it is understood that it