Litigation involving intellectual property rights occurs frequently in France. Although parties may wish to have recourse to arbitration in order to settle their disputes, insecurity remains as long as parties can easily challenge the jurisdiction of the arbitrators by putting forward arguments relating to the existence of the intellectual property right. The French judiciary recently took a step towards circumventing this difficulty in a case involving a patent. This decision may also have an impact on the issues related to other forms of intellectual property rights.
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