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The Arbitration (Amendment) Ordinance 2017 came into operation on 1 January 2018. One of the objectives of this amendment is to clarify that disputes over intellectual property rights (IPRs) may be resolved in Hong Kong by arbitration and that it is not contrary to the public policy of Hong Kong in enforcing arbitral awards involving IPRs. This amendment is important to Hong Kong in consolidating its competitiveness as a leading international arbitration centre.
Recently, the number of international intellectual property disputes has increased rapidly. Patent disputes are usually cross-border and involve multiple-nations. There are a number of institutions with arbitration rules across the globe for intellectual property disputes. WIPO has arbitral rules specifically designed for intellectual property issues. WIPO’s rules were based on the UNCITRAL Arbitration Rules and then modified to create a higher degree of confidentiality and to include procedures specific to intellectual property disputes. In US, the American Arbitration Association has Arbitration Rules and Mediation Procedures and the Supplementary Rules for the Resolution of Patent Disputes to deal with patent disputes. Hong Kong could continue to draw experiences from other jurisdictions in international arbitration involving IPR disputes.
Find out more in:
Lexis Advance – Wu Wei-hua, ‘International Arbitration of Patent Disputes’ 10 J Marshall Rev Intell Prop L 384.