Arbitrability of Disputes Arising from Patents: A Comparative Study

This article addresses arbitrability of disputes arising from patents in French, Emirati, and Jordanian legislation. The meaning as well as the legal nature of patent are explained so as to understand the extent to which the legislation in question allows the disposition of patent rights and thus is subject to arbitration. We shall explore the relevance to public order rules and the effect of exclusive jurisdiction over the disputes arising therefrom, by explaining all legislative positions, as well as judicial and jurisprudential trends in French, Emirati, and Jordanian legislation via a comparative approach. As a result, the rules of arbitration law in the comparative legislation under consideration must be visited and developed in a manner which makes them more flexible in order to meet the requirements of development in industrial property rights, especially patents.