Year: 2024
Type: article
Abstract: The relevance of the topic is due to the fact that in 2022 Ukraine established a new National Intellectual Property Authority, which, among other things, is engaged in the development of a national system of alternative dispute resolution in the field of intellectual property. The purpose of the article is to provide a general overview of the WIPO alternative dispute resolution procedures and their applicability to intellectual property disputes. The purpose of the article is to form the prerequisites for further study of the prospects for introducing an alternative dispute resolution system in Ukraine based on the WIPO experience. The study uses general scientific (dialectical and empirical) and special legal methods (legal comparative and formal legal). The article examines the WIPO regulations, the experience of several countries in establishing national alternative dispute resolution systems based on the WIPO example, memoranda and agreements concluded between WIPO and the authorized bodies of Ukraine, and WIPO statistics on the functioning of the dispute resolution system. The author examines the general characteristics of the three main alternative dispute resolution procedures: arbitration, mediation and expert determination. The results of the study demonstrate the high efficiency of the procedures of the WIPO Arbitration and Mediation Centre, as well as the sustainable rise of their popularity among the subjects of legal relations in the field of intellectual property. The study shows that WIPO's experience is gradually being implemented in a significant number of developing countries and occupies a significant place in the dispute resolution system. The study concludes that it is advisable to continue the creation and development of the specialised institutions for alternative dispute resolution in Ukraine, in particular on the basis of UANIPIO. Further research in this area may contribute to the creation and development of an alternative dispute resolution system based on the best practices and positive experience of WIPO and countries that already have experience in development of the similar dispute resolution systems.
Source: Problems of Legality
Author: Serhii Bilous
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405861280