قابلية منازعات الملكية الفكرية للتحكيم في ضوء النظام القانوني الفلسطيني
Date
2020-01-22
Authors
سنابل ماجد جميل خلايلة
sanabel majed jameel khalailah
Journal Title
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Publisher
Al-Quds University
Abstract
This study concludes the reliability of intellectual property disputes to be a subject of arbitration in the light of the Palestinian legislations. The researcher used the comparative and descriptive analysis method and this study was divided into two chapters.
The first chapter refers to reliability of intellectual property disputes to be submitted to arbitration. This was conducted in the first section of this chapter by discussing the domain of arbitration in their disputes, and explaining the excluded issues from arbitration, in the second section of this chapter discussing arbitration in literature disputes which inducted through the intellectual property and arbitration in trading and industrial disputes.
As for the second chapter, I approached the procedures of arbitration in intellectual property disputes. I divided this chapter into two sections. The first section treats the procedures of arbitration in the light of the Palestinian arbitration law. The second section treats the arbitration procedures in the light of the international organizations specialized in the field of intellectual property that are: World Trade Organization (WTO) and World Intellectual Property Organization ( WIPO).
Conclusions, the traditional division of rights into incorporeal and personal rights is unable to include intellectual property due difference in legal nature, and the main characteristic of incorporeal rights are their inability to transfer resulting the inability to resolve disputes related to them by arbitration. Arbitration is considered the best solution to save intellectual property rights away from the judiciary, and obstacles these rights inflicted by. As for the ability to arbitrate their disputes, arbitration in disputes related to the legality of property rights is prohibited due to public law, and it's allowed to be done to contractual disputes unless it's about legitimacy of ownership, also it is unable to arbitrate their penal disputes due to inability to agree about the violation of procedures and penal rules as they are jus cogens and administrative rules related to public law. And joining the World Intellectual Property Organization is automatically accepting arbitration as a method to resolve intellectual property disputes.
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Citation
خلايلة، سنابل ماجد. (2020). قابلية منازعات الملكية الفكرية للتحكيم في ضوء النظام القانوني الفلسطيني 39.
[رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/295c65