Licensing Technology to the BRICS: The Case for ADR

Authors

Aaron Pereira, Benjamin N. Cardozo School of Law

Abstract

This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of ADR to issues arising from the overlapping areas of patent and antitrust law, and the feasibility of ADR in this area of law in each of the BRIC countries.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Law | Science and Technology Law

Recommended Citation

Aaron Pereira, Licensing Technology to the BRICS: The Case for ADR, 11 Cardozo J. Conflict Resol. 235 (2009).
Available at: https://larc.cardozo.yu.edu/cjcr/vol11/iss1/11