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WIPOWIPO Arbitration Center

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**Franklin Pierce Law Center

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1Patrick M. Baron & Stefan Liniger, A Second Look at ArbitrabilityApproaches to Arbitration in the United States, Switzerland and Germany, 19 ARB. INTL 27-54 (2003)

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2 23-24 1999 3 1998 Daniel Paul Simms, Arbitrability of Intellectual Property Disputes in Germany, 15 ARB. INTL 193-198 (1999)

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294 (a)(c)

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6 35 U.S.C. 294. Voluntary arbitration: (a) A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.(b) Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 of this title shall be considered by the arbitrator if raised by any party to the proceeding.(c) An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification.

http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=35USCAS282&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=LawSchool

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WIPO 52

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7 Article 52 of WIPO Arbitration Rules provides that:

Disclosure of Trade Secrets and Other Confidential Information (a) For the purposes of this Article, confidential information shall mean any information, regardless of the medium in which it is expressed, which is:(i) in the possession of a party; (ii) not accessible to the public; (iii) of commercial, financial or industrial significance; and(iv) treated as confidential by the party possessing it. (b) A party invoking the confidentiality of any information it wishes or is required to submit in the arbitration, including to an expert appointed by the Tribunal, shall make an application to have the information classified as confidential by notice to the Tribunal, with a copy to the other party. Without disclosing the substance of the information, the party shall give in the notice the reasons for which it considers the information confidential. (c) The Tribunal shall determine whether the information is to be classified as confidential and of such a nature that the absence of special measures of protection in the proceedings would be likely to cause serious harm to the party invoking its confidentiality. If the Tribunal so determines, it shall decide under which conditions and to whom the confidential information may in part or in whole be disclosed and shall require any person to whom the confidential information is to be disclosed to sign an appropriate confidentiality undertaking. (d) In exceptional circumstances, in lieu of itself determining whether the information is to be classified as confidential and of such nature that the absence of special measures of protection in the proceedings would be likely to cause serious harm to the party invoking its confidentiality, the Tribunal may, at the request of a party or on its own motion and after consultation with the parties, designate a confidentiality advisor who will determine whether the information is to be so classified, and, if so, decide under which conditions and to whom it may in part or in whole be disclosed. Any such confidentiality advisor shall be required to sign an appropriate confidentiality undertaking.(e) The Tribunal may also, at the request of a party or on its own motion, appoint the confidentiality advisor as an expert in accordance with Article 55 in order to report to it, on the basis of the confidential information, on specific issues designated by the Tribunal without disclosing the confidential information either to the party from whom the confidential information does not originate or to the Tribunal.

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8III 206-225 1999 1 9 Song Lianbin, Zhao Jian & Li Hong, Approaches to the Revision of the 1994 Arbitration Act of the Peoples Republic of China, 20 J. INTL ARB. 169, 180 (2003). 10

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537 1995 2 12 125-126 2000 3 452-454 2000 8 131997 10 5 30-35 14 12 454 3 2 1

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Family Jewels

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17David D. CaronDavid D. Caron, The World of Intellectual Property and the Decision to Arbitrate, 19 ARB. INTL 441-449 (2003)William W. Park, Irony in Intellectual Property Arbitration, 19 ARB. INTL 451-455 (2003)

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453 454 1999 1 1 21 387 2001 4 181-182

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2000 10 1 22 1998 8 27 12 1 2 The Arbitration Association of The Republic of China 1999 4 16 8880655

1 2003 1209

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