Paper's abstract

Michel Friocourt, Arbitration and intellectual property
Arbitration is a form of individual justice with a spontaneous origin, which operates without forum but only provides enforceable awards with the assistance of the state judicial system. Globalization is constantly opening up wider scope to the need of international commercial arbitration while the public policy of international mandatory rules reserve, a traditional state prerogative, is witnessing the transformation of its international public order component, which corresponds to a greater jurisdictional worldwide mobility together with a reduction of the fields that could not be arbitrated before.
Intellectual property, whose regime of the rights is territorial even though their purpose is aiming at a universal perspective, is going through its second period of global international harmonization with the ADPIC agreements of the WTO on the basis of the major treaties of the end of the 19th century. The Internet dimension contributes to these massive transformations in space, time and culture, to which it adds its own dimensions and specificities, including its original method of allocation of domain names.
The phenomenon of the globalization of the law, including its questioning of territorial jurisdiction, introduces an axiological crisis into international private law and could promote the legitimacy of arbitration of intellectual property matters, under international and domestic law.



Key Words : ADPIC – arbitrability – objective arbitrability – commercial international arbitration - arbitration- arbitration without law
t. 52, 2009 : p. 239-282

---