Arbitration As Alternative Means Of Settlement Dispute Arising Out Of Patent Right Ethiopia

Abstract

In arbitration, it is not parties’ contractual agreement that will determine what subject matter can be arbitrated; rather law of seat of arbitration of states that determines what subject matter parties can submit to arbitration or what is not. Thus, arbitrability of subject matter of dispute between parties have to be given due attention, hence, it result in invalidity of arbitration agreement and enforcement of arbitral award would be ineffective. Ethiopian arbitration Proclamation No.1237 2021 provides for lists of case which cannot be subject to arbitration”. However, arbitrability of dispute arising out of patent rights is not clearly stipulated under Ethiopian arbitration law, which needs to be addressed just like that of most legal systems. Thus, the objective the study is to examine whether arbitrability of dispute arising out of patent right is stipulated or not, to critically scrutinize how dispute arising out of patent rights is resolved in Ethiopia and examine principles of arbitrability of patent dispute that best suit with logic and fact in Ethiopia. The study utilized doctrinal research methodology and qualitative research method; critically analyze national laws of U.S and South Africa, international instrument like UNCITRAL model laws, WIPO arbitration rules and New York Convention and Ethiopian arbitration laws using legal analysis. The study is limited to analyze arbitrability of dispute arising out of patent right in Ethiopia. The study found out that means of resolving dispute arising out of IPRs in general including dispute arising out of patent right is not well regulated in Ethiopia. Hence, arbitration as a means of settling dispute arising out of IPRs including patent right is more advantageous than court litigation such as in case of confidentiality, speedy and cost efficiency, convenient for recognition and enforcement, finality of arbitral awards and increment in resolving dispute arising out of IP including patent rights in rest of the world through arbitration our arbitration law has to clearly incorporate arbitrability of dispute arising out of patent rights in accordance with logic and fact in the Country. I belie’ that In Ethiopia arbitrability of dispute arising out of patent rights has to be allowed with certain limitation, that is to allow arbitrability of dispute arising out of patent rights in case involving private interest such as infringement and restrict in case of dispute involving public interests such as invalidity. Thus, hence arbitrability or otherwise of dispute arising out of patent rights is not well governed under Ethiopian arbitration law, it has to be amended, due to special nature _of dispute arising out of patent right it is better to consult with expertise in field of IP as to arbitrability of dispute arising out of patent and share experience from model laws of certain countries such U.S.