Chronicle of an Announced Death: The Convenience of Arbitrability of Patents and Trademarks in Peru

Abstract

This article deals with some of the challenges of industrial property arbitration. The analysis focuses specifically on the arbitrability of disputes arising from the grant of trademark and patent rights. Based on a review of comparative experiences that have admitted the arbitrability of these rights and the different arbitrability criterias, the authors examine whether it is convenient to arbitrate these matters in the Peruvian context.