The Arbitration in Intellectual Property Disputes from Economic Perspective | ||||
| Journal of Intellectual Property and Innovation Management | ||||
| Public Titles, Volume 2, Issue 2, December 2019, Page 5-29 PDF (563.13 K) | ||||
| DOI: 10.21608/jipim.2021.143501 | ||||
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| Author | ||||
| Hesham Kamal Kotb Gaafar | ||||
| Deputy Head of the Administrative Prosecution Authority At the Administrative Prosecution Authority | ||||
| Abstract | ||||
| Arbitration is the foundation or the origin of litigation as people resorted to it before the existence of the judiciary in any state all over the world. It is said that one of the main advantages of arbitration compared by the litigation is confidentiality, which is contrary to the principle of publicity or transparency that exists in litigations before courts. Confidentiality was considered a proper reason why parties prefer arbitration vs. litigation, especially in disputes related to intellectual property rights (IPR) such as undisclosed information. Studies and surveys in this issue resulted that confidentiality in arbitration constitutes approximately 21% of the reasons why parties prefer to arbitrate than to litigate. In this paper, some countries were selected to compare their jurisdictions and their economic status with Egypt’s status, to find out if there is a correlation between the arbitration regimes that adopt the duty of confidentiality and the attraction of IPRs, also if there is a positive or negative correlation with the global competitiveness. | ||||
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