CEU Electronic Theses and Dissertations, 2025
| Author | Strilets, Kateryna |
|---|---|
| Title | Arbitrability Of Patent Disputes: Comparative Analysis Of Austrian, German, And Swiss Law |
| Summary | This thesis focuses on the issue of arbitrability of patent disputes. This topic is highly relevant, taking into account the increasing number of patent disputes and significance of patents in various industries all around the world. While there is a general trend that disputes related to intellectual property should be arbitrable, there is still a discussion regarding the extent to which patent disputes should be decided in arbitration proceedings, considering possible public policy concerns. The thesis aims to cover three countries in the DACH region: Austria, Germany, and Switzerland. The choice stems not only from personal interest and connection to these countries but also from the limited analysis of these issues compared to those in common law countries. The two specific types of disputes that give rise to major concerns are infringement and validity. Therefore, the thesis examines how arbitral tribunals address these two types of disputes and to what extent such claims may be arbitrable. To outline this, not only were the arbitration laws investigated, but also the nature and specifics of the judicial systems and patent legislation of each country. Moreover, the thesis captures relevant and available cases, which helps to understand better the real-world application of arbitration laws within the particular jurisdiction. The analysis of guides, as well as scholarly comments and opinions, was also included in the study to provide a detailed overview of the current state of development regarding the arbitrability issue. This thesis is essential for further developments in the field of arbitrability of patent disputes, as it compliments the current discussion of this issue. Based on this study, it is possible to understand which factors influence the specific approach towards arbitrability in each jurisdiction. This increases the predictability for businesses regarding which jurisdiction is better to decide certain types of patent disputes. Therefore, they have an opportunity to tailor their interests and business needs to the specific characteristics of each country’s legislation. This approach can foster the settlement of patent disputes and have a positive impact on business activities. All in all, the thesis contributes not only to the academic field but also has a practical value. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/strilets_kateryna.pdf |
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