DECISIONS MADE WITHIN THE FRAMEWORK OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION

Faculty of Business Economics Bijeljina, University of East Sarajevo, Republic of Srpska, BiH
Bosnia and Herzegovina


Abstract

Specialized arbitrations are of great importance for the parties in the dispute, given that the dispute is resolved by experts in the given field, the rules of the profession and experience are of immeasurable importance, and one of the most important one is World Intellectual Property WIPO arbitration. In the era of the economy that runs under conditions of uncertainty and innovations, Intellectual Property Rights and their legal protection is of paramount importance. The subject of this research paper aims to consider the question of why international arbitration in the field of Intellectual property rights, as such, has experienced rapid expansion and development, and whether such dispute resolution based on the free choice of the parties can lead to a fairer resolution of disputes, whether resorting to arbitration is a reflection of distrust in the courts and whether the parties believe that their interests will be better protected. Arbitration is chosen over regular courts mainly because of the specialized nature of the disputes involved. The result of the work is reflected in pointing out the advantages provided by arbitration dispute resolution within the economy of uncertainty and innovation. The World Intellectual Property Organization specializes in resolving disputes in the field of intellectual property and therefore also disputes in the field of Industrial property Law as part of intellectual property law. The research objectives are primarily related to and expressed through an analysis of the advantages and disadvantages of settling international disputes by arbitration as an alternative way of resolving disputes rather than taking a case before the court. To ensure a rigorous analysis, this paper employs a multi-methodological approach rooted in social science research. Primary emphasis is placed on scientific description and content analysis (complemented by synthesis), alongside inductive-deductive, historical, and comparative methods. This paper explores the hypothesis that the WIPO Arbitration and Mediation Center provides a superior framework for resolving intellectual property disputes within an economic landscape defined by the tension between uncertainty and innovation. The result of this paper is to outline the legal tools and opportunities available to boost innovation and economic development when facing market uncertainty, using various legal instruments and the legal strategies.

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References


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