The arbitrability of legal disputes surrounding patent issues is a controversial problem in most legal systems. For many countries, patent disputes touch on public policy, which in turn, often interfere and sometimes deny the arbitrability of such disputes. There is no legal obstacle to arbitration. The controversy lies rather in the arbitral tribunal's power to challenge the validity of registered rights. In all cases, the state ensures that all granted rights fulfil the legal criteria. Therefore, it may decide to give exclusive rights to its jurisdiction to adjudicate any dispute challenging the validity of a patent.; This paper suggests doing a comparative study of American, French, Belgian and Canadian legal systems by exposing the legal and theoretical debate between case law and doctrine related to Intellectual Property disputes. More importantly, it will outline the legislative body's response to the debate and how it meets court and doctrine expectations.; Only a few countries have enacted laws dealing specifically with the arbitrability of patent disputes. In addition, these laws have been shown to be either too restrictive in nature, or simply too liberal. This study will also dispute why most states do not have legislation dealing with this arbitrability issue and why it seems so difficult to find an equitable solution.
展开▼
