Innovation on Trial: Intellectual Property and International Arbitration

Intellectual property disputes are increasingly finding their way into international arbitration, driven by the globalization of innovation, cross-border R&D collaborations and complex licensing arrangements. As IP assets become central to corporate value, arbitral tribunals are more frequently called upon to adjudicate disputes involving patents, trademarks, trade secrets and know-how. In Europe, the entry into force of the Unified Patent Court (UPC) in June 2023 has introduced a new supranational forum for patent disputes, while the upcoming implementation of its Patent Mediation and Arbitration Centre (PMAC) in 2026 further expands the range of dispute resolution options available to rights holders.

The arbitrability of IP rights, the interaction between arbitration and mandatory national IP regimes, and the role of courts in supporting or reviewing arbitral decisions raise complex and evolving legal questions. Differences in legal traditions and judicial approaches further shape how these issues are addressed across jurisdictions.
 
This panel will examine how international arbitration is being used to resolve IP disputes, focusing on key procedural and substantive challenges. Through specific case scenarios, we will explore the practical advantages and limitations of arbitration compared to litigation before national or supranational courts, helping practitioners make informed choices when advising clients on IP dispute resolution strategies. In particular, we will discuss the value of arbitration in IP disputes, the handling of validity and infringement issues by arbitral tribunals, and the enforcement of awards touching upon registered IP rights.
 
Drawing on hands-on practical experience, the discussion will compare approaches adopted in different jurisdictions and explore how arbitration can adapt to the specificities of innovation-driven disputes. What trends are emerging? What risks should parties anticipate when arbitrating IP disputes? And how can arbitration remain an effective forum for resolving conflicts at the intersection of innovation and international commerce?
 
Join us for an engaging discussion with leading arbitration and IP practitioners on how innovation is being put on trial in international arbitration.