Asserting IP rights in
the digital age
Paris, 13
June 2000 - The case
for arbitration and mediation in preference to full-blown litigation in resolving
international intellectual property disputes is made in a book published this
month by ICC Publishing SA, the publishing arm of the International Chamber
of Commerce.
In an introduction to Resolving
International Intellectual Property Disputes, author David W. Plant notes that
intellectual property is inherently more likely to be trespassed upon inadvertently
or carelessly than other more tangible forms of property.
He says that while the lex
mercatoria provides a core of universal principles relating to the parties'
rights and obligations in international mercantile contracts, "no such
core of universal principles has existed in the intellectual property world."
Only a few treaties have attempted to ensure some uniformity, and none provides
a globally uniform and detailed code.
"As international trade
in intellectual property expands, reliance on dispute resolution mechanisms
other than litigation will become increasingly necessary to deal with the growing
volume and variety of intellectual property disputes," Mr Plant says.
Resolving International
Intellectual Property Disputes is available from ICC Publishing SA in Paris,
ICC Publishing Inc in New York, and from ICC national committees around the
world. To place an order online, or to find out more about this and other ICC
publications, visit the Business Bookstore at www.iccbooks.com.
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