engleski

Arbitration of disputes in the field of trademarks

Two types of disputes primarily arise in the field of trademarks: disputes arising from contracts which relate to trademarks and disputes arising from trademark infringement. It is widely accepted that disputes arising out of contracts by virtue of which trademarks are commercially exploited are arbitrable. One of the reasons for a rather small number of cases of arbitration for solving trademark infringement disputes is the question of arbitrability of such disputes, since these disputes are still not considered to be arbitrable in certain countries. The main reason is however, the fact that some of the characteristics of arbitration do not necessary manifest themselves as advantages when in comes to resolution of trademark infringement disputes. Furthermore, the question of validity of a trademark is often raised in trademark infringement disputes. Disputes on the validity of a trademark with the erga omnes effect are generally not arbitrable, with the exception of Switzerland. The determination of the validity of a trademark that is only binding on the parties is on the other hand increasingly considered arbitrable by the courts and the doctrine. There are special mandatory administrative proceedings often envisaged for resolving conflicts of Internet domain names and trademarks. Even tough it is often referred to as arbitration ; this is a specific procedure with many different characteristics.

trademark; arbitrability; trademark infringement; trademark validity; mandatory administrative proceedings

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