PROTECTION THROUGH ARBITRATION

In the framework of implementation of expert procedures under the ICSQ-775 and IOSCEAAD-775 standards, the IUCI offers persons concerned the international mechanisms of arbitration-based securing of reliability, international applicability and protection of results of certification and patenting.

Such mechanisms are implemented with assistance of the official partner of the IUCI – the American International Commercial Arbitration Court (AICAC; USA, Wilmington; http://court-inter.us/).

Arbitration-based securing of results of examinations under the ICSQ-775 and IOSCEAAD-775 standards can have two forms: 1) International procedure of arbitration confirmation of results of certification and patenting; 2) International procedure of arbitration support of results of certification and patenting.

Arbitration confirmation of certification is a mechanism for consideration of issues of compliance of certification results with the actual quality of a certified object, establishment of relevant facts and their legal documentation in the award made by the international commercial arbitration court. Arbitration confirmation of certification significantly strengthens the legal grounds of certification, documents the technical, factual and legal signs of quality of a certified object, formalizes them by the legitimate arbitral award, and creates the corresponding precedent of jurisdiction concerning the certification of a specific product.

Arbitration confirmation of certification is implemented in the format of consideration of an arbitration dispute in the AICAC between the GISAP L.P. company (as the official representative of the customer ordering the examination) and the expert organization calling into question the certification results.

Arbitration support of certification is a specific regime, under which the certification results are implemented by the interested persons under documentary and legal control of the AICAC. This mechanism allows officially formalising the corporatisation of certification results and obliges all persons concerned to address the AICAC when they face any legal issues connected with the quality of a certified object (or when any related disputes arise).

The legal regime of arbitration-based securing of certification assumes the conclusion of special agreements between the IUCI, the AICAC and persons concerned. It is supported with special certificates, information signs and additional attributes.

Arbitration-based securing of patenting can be conducted during the Official, Legitimate and Particular regime periods of patenting. Arbitration-based securing is initiated for the corresponding regime period and assumes verification and formalisation (by means of international arbitration) of the patenting expertise results, which have been objectively determined during this regime period. As the Particular regime period is termless, arbitration-based securing initiated during this period shall be termless as well.

Legal regime of arbitration-based securing of patenting can have two forms: 1) Arbitration confirmation of patenting (patentability and author's priority); 2) Arbitration support of patenting (patentability and author's priority).

Arbitration confirmation of patenting is a mechanism for consideration of issues of compliance of patenting results with the actual patentability of an object and legitimacy of the priority of authorship, establishment of relevant facts and their legal documentation in the award made by the international commercial arbitration court. Arbitration confirmation of patenting significantly strengthens the legal grounds of patenting, documents the technical, factual and legal signs of patentability of an object, formalizes them by the legitimate arbitral award, and creates the corresponding precedent of jurisdiction concerning the determination of patentability of an object and the author’s priority in relation to it.

Arbitration confirmation of patenting is implemented in the format of consideration of an arbitration dispute in the AICAC between the GISAP L.P. company (as the official representative of the customer ordering the examination) and the expert organization calling into question the patenting results. The disputes in the field of copyright and intellectual property are considered by the specialized subdivision of the AICAC called the Patenting Chamber.

Arbitration support of patenting is a specific regime, under which the copyright and related rights arising from the patenting results are implemented by the interested persons under documentary and legal control of the AICAC. This mechanism allows officially formalising the corporatisation of patenting results and obliges all persons concerned to address the AICAC when they face any legal issues connected with the patentability of an object and the author’s priority in relation to it (or when any related disputes arise).

 

The legal regime of arbitration-based securing of patenting is formalised by special agreements between the IUCI, the AICAC and the persons concerned. It also assumes special certificates, information signs and additional attributes.