Session 2

This session will explore emerging and fast-growing types of intellectual property (IP) arbitration disputes in Asia, such as life sciences, the defense industry, and entertainment disputes – all of which involve a heightened need for protection or need for interim measures in many cases.

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In addition to addressing the mechanisms and procedures for protection of proprietary information and for swift resolution of such disputes, the speakers for this session will also identify two or three key issues that are garnering interest in their focus dispute area and discuss whether and how the Asian ADR model (or best) rules or practices can be better adopted in the field. For example, the speakers will address topics such as the utility of specific performance in international arbitration, given its status as a default remedy in Asian civil law jurisdictions.

 

For life sciences disputes, protection of IP is of paramount concern, especially considering the risky, capital-intensive, and time-consuming research and development required to bring products into the market and the potentially huge payout for successful products. Arbitration offers life sciences and biotech companies the opportunity to have their disputes heard by specialized decision makers with industry experience, along with other benefits such as access to efficient interim relief mechanisms.

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For the defense industry, aside from traditional supply contracts, government procurement contracts are becoming more complicated, with issues related to technology transfer, technology ownership, and derivative IP rights arising. In addition, the role of the intermediary agencies and agents, appropriate procedures for handling classified information, and other such issues have the potential to become the subject of disputes.

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For the entertainment industry, confidentiality and copyright issues are often paramount. In particular, with the digitization of the industry and the usage of artificial intelligence (AI), issues of ownership and derivative financial issues, such as royalty payments, are emerging as new types of disputes. In addition, the M&A sector as it relates to entertainment companies is growing and creating additional layers of disputes.

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This session will feature an interactive discussion with the ADR service users and will solicit input from the audience: what are some salient points that counsel and institutions should know about and, if necessary, improve or change? Are there certain Asia-specific issues when it comes to the focus sector projects and how should the Arbitration/ADR experts help their Asian clients to navigate disputes and obtain the desired outcome? Is it desirable to envision Asian ADR model rules or practices for these newly emerging fields?