مجلة البحوث القانونية و السياسية
Volume 2, Numéro 11, Pages 1-71
2018-12-05

الوساطة الإتفاقية كوسيلة لفض منازعات الملكية الفكرية

الكاتب : حسن حسين البراوي .

الملخص

The question of finding a settlement of disputes arising from intellectual property is one of the most important challenges facing States and individuals. States have turned towards alternative means of resolving such disputes as conciliation, mediation and arbitration. Our search is limited to mediation, which is defined as a means of dispute resolution seeking an amicable settlement of the conflict between The parties are working on explaining the strengths and weaknesses of each team and trying to bring them closer together by holding individual or joint sessions, without trying to impose a solution on them. Success The mediation depends on the will of the parties through the extent of their conviction, including the mediator of the strengths and weaknesses in the position of each party. A number of international bodies and organizations are interested in organizing mediation as an alternative means of dispute resolution in the field of intellectual property such as the World Intellectual Property Organization, the World Trade Organization and the International Chamber of Commerce. Some Arab legislations have organized mediation as an alternative means generally in an independent law, while some have been regulated by civil or administrative law. The study showed the extent to which intellectual property disputes were resolved through mediation, distinguishing between criminal, administrative and civil disputes. The study concluded by calling upon the legislator in the Arab countries to establish a comprehensive mediation organization as an alternative means of settling disputes in the field of intellectual property, in view of the great advantages of this means of maintaining the continuity of civil and commercial relations and alleviating the burdens of the regular judiciary. One that saves time, effort and money, as well as its ability to provide an acceptable settlement of disputes between individuals or States belonging to different legal systems. The United Nations report on international trade law was recently issued on the work of its fifty-first session. This report contains the draft resolution of the United Nations Convention on International Settlement Agreements, which is to be opened for signature by all States In Singapore on 7 August 2019, with the recommendation that the Convention be known as the Singapore Mediation Convention.

الكلمات المفتاحية

s: Mediation - Intellectual Property - Alternative Dispute Resolution - Civil and Commercial Disputes -