Postępowanie arbitrażowe a poczucie bezpieczeństwa stron sporu dotyczącego patentu

Abstract

The economic position of a given state is often measured by patent applications pending in its patent office and patens valid in its territory. The choice of countries for which protection for an invention is sought depends on numerous factors. Apart from arguments of business nature, the cost and procedure of obtaining and maintaining exclusive rights are still a matter of significant importance. Taking into consideration statistics on Polish court proceedings concerning resolution of industrial property disputes, many aspects need altering. First of all, in matters related to the speed of proceeding and quality of judgments. The judicial system in Poland does not provide the disputing parties with a sense of safety, understood as a possibility to anticipate the outcome of the proceedings, keeping trade secrets, and maintaining market position. Since any transformation of the judicial system is always a long process, it is worth to consider an alternative solution. In case of patent disputes, arbitration is highly recommended due to its fundamental principles which seem to ensure a sense of safety to parties involved in the dispute. It is the objective of this article to indicate which aspects of arbitration comply with the requirement mentioned above, and to suggest possible changes that will result in arbitration being an even more adequate solution in patent disputes.