This research deals with the settlement of intellectual property disputes as set out in various international conventions such as the Convention of Paris, 1883 and the TRIPS agreement in Marrakesh, 1994. The research also deals with the development in intellectual property rights in international regulations particularly with respect to the World International Property Organization (WIPO) and the Convention of TRIPS. In addition, this paper outlines the rules and a procedure for the settlement of intellectual property disputes in the WTO in detail as well as explains the structure of this organization and the most important tasks carried out by it. The paper also emphasizes the nature and importance of the Dispute Settlement Body (DSB), the nature of its work, and the methods of dispute settlement such as Consultation, Establishment of Panels, Standing and Appellate Body Arbitration. The research also discusses the advantages and disadvantages of these methods, and assesses the dispute settlement system of intellectual property in the context of the WTO with a comparison between the rules of dispute settlement in the WTO and GATT, 1947. This research also deals with the detailed positive and negative effects of the dispute settlement system for developing countries and sets out conclusions and proposals that are necessary to avoid the disadvantages and how to benefit from such agreements; in particular, the study points out the advantages of such international agreements as the TRIPS Agreement when applied in developing countries.
Al-Salihi, Kameran Hossen
"Settlement of Intellectual Property Rights Disputes,"
Journal Sharia and Law: Vol. 2010:
44, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2010/iss44/6