Le contentieux arbitral du droit d’auteur - Revue de l’arbitrage View Le contentieux arbitral du droit d’auteur by - Revue de l’arbitrage Le contentieux arbitral du droit d’auteur 2014 2

There are relatively few arbitrations relating to copyright disputes. The Intellectual Property Code nevertheless expressly allows recourse to arbitration for such disputes. Arbitration offers many advantages in this context. This is the reason for which one should seek to understand the reasons underlying this situation. Firstly, one can note that the arbitrability of the issue is somewhat uncertain, even if this phenomenon is probably somewhat exaggerated. Secondly, many parties involved in copyright issues can resort to arbitration, notwithstanding certain constraints. Finally, one should not underestimate the key role played by non-legal considerations which may explain why recourse to arbitration is not as widespread as it ought to be in copyright disputes. 

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