Document Type : research
Authors
1
PhD student of International Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Professor of Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
3
Assistant Professor of Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
10.22034/ejs.2024.422551.1586
Abstract
Background and Aim: Every international organization explains different approaches for the peaceful settlement of disputes related to itself, and in this regard, WIPO also uses methods such as arbitration, mediation, expertise, etc., which can be said to be mediation method.
Materials and Methods: This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: The resolution of intellectual property rights disputes through alternative dispute resolution compared to litigation has many advantages, which has made it play a significant role in dispute resolution referrals. First, the dispute resolution is done faster and less expensive than litigation. Secondly, the dispute resolution authority is the arbitrator that is satisfied and agreed upon by the parties, whether they have agreed on it in the contract or after the dispute arises, they agree to the arbitration of a specific person or institution. Thirdly, the arbitration award is binding like a trial, and the parties have committed to implement the arbitration award with a previous agreement.
Conclusion: The result is that international arbitration is the best method among the alternative methods of resolving intellectual property rights disputes, and based on that, international arbitration institutions in intellectual property rights have been established.
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