Traditionally, because intellectual and industrial property rights are granted by national authorities and are mostly governed by rules of public order, the notion has existed that it is the responsibility of the public administration and the courts of the respective country to resolve any disputes relating to these rights. However, as intellectual property acquires more importance internationally, certain controversies that may arise among conflicting intellectual property holders and users can be solved using alternative dispute resolution methods, such as arbitration – as long as the object of the controversy is considered by the local law as arbitrable.
In order to promote alternative dispute resolution methods, in 2017, the Conciliation, Mediation and Arbitration Committee of the Interamerican Association of Intellectual Property (ASIPI, for its acronym in Spanish), conducted a survey on arbitration and intellectual property in Latin America in order to determine the use or not of arbitration and other alternative dispute resolution methods in each country. This article will focus on analyzing and commenting the results of this investigation.
