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What is Seat of Arbitration

Intellectual Property Rights and the Protection of Traditional Knowledge
Is a legal concept and not a geographical one and refers to the jurisdiction whose national law will govern the arbitration proceedings; it is the legal jurisdiction to which the arbitration is tied.
Published in Chapter:
Arbitration in Patent Disputes: To What Extent Is It Possible?
Shaharyar Ashraf Khan (Manav Rachna University) and Ashita Alag (Supreme Court of India, India)
DOI: 10.4018/978-1-7998-1835-9.ch004
Abstract
The commercial disputes between business entities to boost international trade and technology will increasingly involve an aspect of patents. Among various modes of ADR, the arbitration is preferred more over litigation. Still, various arguments have been presented both in favor and against arbitration in patent disputes. Thus, this chapter deals with the scope of patent disputes that can be referred to arbitration, which needs to be analyzed and defined, keeping in mind the consequent advantages of arbitration in case of patent disputes over traditional litigation. Additionally, there are various procedural aspects related to arbitration that might be specifically relevant to an arbitration involving patents and may require special attention by parties involved in such arbitration have also been made subject and discussed in detail.
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