Creative Commons

This dissertation was written as part of the LLM in Transnational and European Commercial Law and Alternative Dispute Resolution at the International Hellenic University. In a global economy increasingly based upon conceptual products, Intellectual Property has a tremendous value and is particularly an important asset on a company's balance sheet. As intellectual property plays an increasing role in the global economy, disputes over intellectual property rights are also likely to arise more frequently. Although these two legal specialisms – intellectual property law and international arbitration – are still in the process of ‘understanding’ each other, an efficient and effective procedural system of international intellectual property arbitration is well under way and growing by leaps and bounds. On this basis, the aim of this dissertation is to show how inarbitrability issues regarding intellectual property disputes can be resolved. It is generally accepted that moving beyond public policy concernsespecially in international IP arbitration- is required. In doing so, the parties can take advantage of the significant benefits of intellectual property arbitration. Simultaneously, they avoid a “long-lasting” litigation and its aftermaths. As shown in the dissertation, in the great majority of cases, parties can validly submit to international arbitration all sorts of intellectual property disputes – including those where the validity of registered intellectual property rights is challenged. I would like to express my sincere gratitude to my supervisor Prof. Guido Carducci for his guidance, motivation, meticulous suggestions and support in writing my thesis. It also gives me immense pleasure to thank Prof. Athnassios Kaissis, Dr. Stavroula Angoura and Dr. Komninos Komnios for the key role they have played in encouraging and coordinating the writing of my dissertation and keeping me abreast of the recent legal developments in the field of Intellectual Property Arbitration.