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Resolving International Intellectual Property Disputes
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ICC Publication No.: 592
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Resolving International Intellectual Property Disputes
By David Plant
ICC No. 592
Paperback
6 1/4 inches x 9 1/2 inches
1999 Edition
207 pages
David Plant, an experienced practitioner, explains the various processes that can be used to avoid full-blown litigation in the world of intellectual property disputes.
Five chapters provide you with a detailed look into the nature of both intellectual property disputes and arbitration and mediation while covering major issues and the roles of those involved. The Appendices are compromised of a set of 7 arbitration and mediation rules.
A useful and illuminating companion for all legal practitioners in the field.
Table of Contents
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An Overview of Intellectual Property and Alternative Dispute Resolution
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The Nature of Intellectual Property Disputes
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The Nature or Arbitration and Mediation
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| 2.
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Arbitration
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Significant Issues in Arbitrating Intellectual Property Disputes
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1. Agreeing to Arbitrate
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2. Arbitratability of the Dispute and Enforceeability of the Award
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3. Provisional Relief
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4. Privacy and Confidentiality
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5. Multi-Party Arbitration
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6. Multiple Proceedings
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Other Issues
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1. Governing Law and Rules
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2. Administered or Ad Hoc Arbitration
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3. Issues to be Arbitrated
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4. The Arbitral Tribunal
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5. Party-Appointed Arbitrators
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Arbitral Institutions
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1. ADR Providers
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2. Established Intellectual Property Organizations
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3. Informal, Ad Hoc Organizations
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| 3.
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Mediation
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Significant Issues in Mediating Intellectual Property Disputes
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1. The Mediator's Job
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2. Professional Responsibility and the Mediator
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3. Counsel's Role in Mediation
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4. Principal's Role in Mediation
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5. Confidentiality
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| 4.
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The Arbitrator as Settlement Facilitator
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| 5.
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End Notes
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Appendices
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Appendix A: The New York Convention
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Appendix B: ICC Arbitration Rules
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Appendix C: WIPO Arbitration Rules
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Appendix D: UNCITRAL Arbitration Rules
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Appendix E: AAA International Arbitration Rules
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Appendix F: CPR International Arbitration Rules
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Appendix G: WIPO Mediation Rules
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