Back to Search

Arbitration in intellectual and industrial property disputes

Title	Arbitration in intellectual and industrial property disputes
Author	Şahinkara, İpek
Publication Date:	2022-10-12 T13:32:49 AM
Subject	Intellectual and industrial property rights, Intellectual and industrial property disputes, Applicability of the arbitration, Arbitration, Intellectual and industrial property rights, Intellectual and industrial property disputes, Arbitrability, Arbitration proceedings
Type	Document
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Record ID	c216d2a2-24c3-4060-b3ca-4a8c8b141914
Library Location	Department of Private Law
Date	2022-10-12 T13:32:49 AM
Sample Text	As in commercial disputes, arbitration and other alternative dispute resolution methods in the field of intellectual and industrial property have begun to attract more attention than state judiciary. Although there is no center in Türkiye that provides arbitration services only in the field of intellectual and industrial property, there is nothing that prevents applying to existing arbitration centers for the disputes in question. Of course, in order to resort to voluntary arbitration in intellectual and industrial property disputes, the dispute must be arbitrable and an arbitration agreement must be made between the parties. Although our study is about voluntary arbitration in the field of intellectual and industrial property, the umbrella concept of intellectual and industrial property will be explained in the first part of our thesis. First, in accordance with the Law on Intellectual and Artistic Works, the concept of work, the conditions for being a work, types of works and issues regarding work ownership will be discussed, and then industrial property rights will be explained within the scope of the Industrial Property Law. In the second part of the thesis, disputes that may be the subject of intellectual and industrial property rights will be explained. These disputes will be examined in two groups: disputes arising from contractual relations and disputes arising from non-contractual relations. In the last part of the thesis, arbitration will be examined in terms of intellectual and industrial property disputes. General information will be given on types of arbitration, arbitration agreement, arbitrators and issues related to arbitral proceedings. Then, the issue of arbitrability will be discussed in order to determine the applicability of arbitration in terms of intellectual and industrial property disputes. Arbitration proceedings in the field of intellectual and industrial property will be examined. Finally, a general evaluation will be made about arbitration in terms of intellectual and industrial property disputes., As in commercial disputes, in the field of intellectual property, arbitration and other alternative dispute resolution methods have begun to attract more attention than state jurisdiction. Although there is no center that provides arbitration services only in the field of intellectual property in Turkey, there is no obstacle to applying to existing arbitration centers in other areas in terms of disputes in question. Of course, in order to apply for optional arbitration in intellectual and industrial property disputes, the dispute must be arbitrable and an arbitration agreement must be concluded between the parties. Our study is about optional arbitration in the field of intellectual property. In the first part of this thesis, the concept of intellectual property umbrella will be explained. First, concept of the work according to Intellectual Property Law, terms to be considered as the work, the types of the work and the ownership terms to the work will be addressed, then in intellectual property rights will be explained under the Intellectual Property Law. In the second part of thesis, the disputes that may be the subject of intellectual and industrial property rights will be explained. Those disputes will be examined in two groups as those arising from the contractual relationship and those not arising from the contractual relationship. In the last part of thesis, applicability of the arbitration will be examined in terms of intellectual and industrial property disputes. The concept of arbitration, types of arbitration, arbitration contracts, arbitrators and matters related to arbitral proceedings will be explained. Then, in order to determine the applicability of the arbitration method in terms of intellectual and industrial property disputes, the issue of arbitrability will be mentioned. Finally, a general evaluation will be made about the preference of arbitration in terms of intellectual and industrial property disputes.

View in source Özyeğin University Özyeğin University - Ottoman library catalog search

Özyeğin University

Arbitration in intellectual and industrial property disputes

Author Şahinkara, İpek

Publication Date 2022-10-12 T13:32:49 AM

Subject Intellectual and industrial property rights, Intellectual and industrial property disputes, Applicability of the arbitration, Arbitration, Intellectual and industrial property rights, Intellectual and industrial property disputes, Arbitrability, Arbitration proceedings

Type Document

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Record ID c216d2a2-24c3-4060-b3ca-4a8c8b141914

Library Location Department of Private Law

Date 2022-10-12 T13:32:49 AM

Sample Text As in commercial disputes, arbitration and other alternative dispute resolution methods in the field of intellectual and industrial property have begun to attract more attention than state judiciary. Although there is no center in Türkiye that provides arbitration services only in the field of intellectual and industrial property, there is nothing that prevents applying to existing arbitration centers for the disputes in question. Of course, in order to resort to voluntary arbitration in intellectual and industrial property disputes, the dispute must be arbitrable and an arbitration agreement must be made between the parties. Although our study is about voluntary arbitration in the field of intellectual and industrial property, the umbrella concept of intellectual and industrial property will be explained in the first part of our thesis. First, in accordance with the Law on Intellectual and Artistic Works, the concept of work, the conditions for being a work, types of works and issues regarding work ownership will be discussed, and then industrial property rights will be explained within the scope of the Industrial Property Law. In the second part of the thesis, disputes that may be the subject of intellectual and industrial property rights will be explained. These disputes will be examined in two groups: disputes arising from contractual relations and disputes arising from non-contractual relations. In the last part of the thesis, arbitration will be examined in terms of intellectual and industrial property disputes. General information will be given on types of arbitration, arbitration agreement, arbitrators and issues related to arbitral proceedings. Then, the issue of arbitrability will be discussed in order to determine the applicability of arbitration in terms of intellectual and industrial property disputes. Arbitration proceedings in the field of intellectual and industrial property will be examined. Finally, a general evaluation will be made about arbitration in terms of intellectual and industrial property disputes., As in commercial disputes, in the field of intellectual property, arbitration and other alternative dispute resolution methods have begun to attract more attention than state jurisdiction. Although there is no center that provides arbitration services only in the field of intellectual property in Turkey, there is no obstacle to applying to existing arbitration centers in other areas in terms of disputes in question. Of course, in order to apply for optional arbitration in intellectual and industrial property disputes, the dispute must be arbitrable and an arbitration agreement must be concluded between the parties. Our study is about optional arbitration in the field of intellectual property. In the first part of this thesis, the concept of intellectual property umbrella will be explained. First, concept of the work according to Intellectual Property Law, terms to be considered as the work, the types of the work and the ownership terms to the work will be addressed, then in intellectual property rights will be explained under the Intellectual Property Law. In the second part of thesis, the disputes that may be the subject of intellectual and industrial property rights will be explained. Those disputes will be examined in two groups as those arising from the contractual relationship and those not arising from the contractual relationship. In the last part of thesis, applicability of the arbitration will be examined in terms of intellectual and industrial property disputes. The concept of arbitration, types of arbitration, arbitration contracts, arbitrators and matters related to arbitral proceedings will be explained. Then, in order to determine the applicability of the arbitration method in terms of intellectual and industrial property disputes, the issue of arbitrability will be mentioned. Finally, a general evaluation will be made about the preference of arbitration in terms of intellectual and industrial property disputes.