Jurisdiction in Intellectual Property Disputes

Abstract

There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls.

Keywords: jurisdiction, intellectual property rights, conflict of laws, private international law