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Intellectual Property Arbitration Portal Site

An intellectual property dispute can be solved by court proceedings or Alternative Dispute Resolution (ADR).
This site provides information about one of the ADR processes,
namely arbitration of intellectual property disputes.




"Alternative Dispute Resolution" (ADR) is a term that generally refers to procedures to settle legal disputes outside the court. The Act on Promotion of Use of Alternative Dispute Resolution defines "alternative dispute resolution" as "procedures for resolution of a civil dispute between parties concerned who seek, with the involvement of a fair third party, a resolution without using litigation."

There are various types of ADR procedures such as arbitration and conciliation. "Arbitration" is a procedure in which an arbitration tribunal consisting of arbitrators examines a case and makes a determination (arbitral award), based on an agreement between parties concerned (arbitration agreement), which the parties concerned are obliged to comply with. "Conciliation" is a procedure in which a conciliator mediates between the parties concerned as a neutral third party and promotes discussions and negotiations and adjusts their interests so that they can reach an agreement to solve the dispute.

(Reference: the Ministry of Justice website "Kaiketsu sap?to" (support for solution) (Link to an external site) (Japanese Only))

Arbitration of intellectual property disputes

In a highly specialized field such as intellectual property, the appointment of an intellectual property expert as an arbitrator would be the key to efficient dispute settlement in some cases.

For example, if products manufactured by the use of a patented technology are distributed around the world, multiple patent disputes might arise simultaneously in many countries. As international arbitration rules, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) was established to make foreign arbitral awards enforceable within the confines of the country. Having been signed by more than 150 countries, the Convention contributes to efficient dispute settlement by arbitration in any of those countries.

Recent developments

The report prepared by the Patent System Subcommittee of the Industrial Structure Council, Minister of Economy, Trade and Industry in February 2018 titled "Review of the Intellectual Property Systems to Respond to the Fourth Industrial Revolution" states that "the use of ADR such as arbitration and conciliation should be promoted to accelerate the process of solving disputes over standard-essential patents involving a large number of patent rights" and "it is desirable to promote the use of the international arbitration system for disputes over intellectual property including standard-essential patents." The JPO is working to distribute information about ADR including international arbitration.



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