Think Twice Before Arbitrating a Patent Dispute? – Vol. 23 No. 2

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Author: Deming Liu*

Published: December 2012

Description: In recent years, the robust advancement of technology, especially computing technology and biotechnology, has created a surge of patenting activities and ushered in a concomitant growth in the exploitation of patents through licensing agreements. Ever since the entry into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”) within the framework of the World Trade Organization, which was intended to safeguard patent rights worldwide, the exploitation of patents has become increasingly international. The combined effects of the greater technical complexities and global exploitation of patents, amongst others, are that national formal judicial systems increasingly fall out of pace with the needs of the business community in settling disputes arising from patent exploitation.

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*Lecturer in Law, Newcastle Law School, Newcastle University.