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Kupchina E.V. Cybersecurity in the International Commercial Arbitration for Intellectual Property Disputes

DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.19

Ekaterina V. Kupchina, Senior Lecturer, Department of Civil Law and Procedure and Private International Law, Peoples’ Friendship University of Russia, Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-1318-3654 Introduction: in the paper the author considers such a complex and multi-level issue as cybersecurity in the international commercial arbitration, including when considering disputes related to the intellectual property violations. The rapidly developing areas of information technology dictate the need for rapid and adequate measures in this area. Modern approaches based on the risk assessment in each arbitration by the participants of the arbitration, as a result of which the arbitrators have the right to take measures based on the circumstances of each individual case, have become a subject of discussion in the modern scientific community. Although the significance of cybersecurity risks may vary from one case to another, the threat of a cyber attack occurs in almost every international arbitration. The purpose of the research is achieved by solving a number of tasks: to identify the most frequent cases of violation of the rights of legal rights holders; to highlight the problem of confidentiality of arbitration disputes. The methodology is based on a theoretical approach to the study of the arbitration rules, as well as a number of national sources and other normative acts. Based on the analysis of the theoretical data obtained, the author provides examples of the most frequent cases of violation of the confidentiality of arbitration proceedings, as well as highlights some modern approaches to solving this problem. The results of the research can be used in determining the key goals and objectives of the procedural nature, improving the functioning of judicial and non-judicial organizations, law enforcement, research, and teaching activities, in particular, lectures and seminars on private international law, arbitration, copyright and patent law. Conclusions: the increased awareness of participants of the international commercial arbitration about the ways of information storage and information security promotes the development of the institution of arbitration proceedings, increases the degree of confidence of the parties in the procedures for dispute resolution.

Key words: intellectual property, international commercial arbitration, cybersecurity, cyber attacks, privacy.

Citation. Kupchina E.V. Cybersecurity in the International Commercial Arbitration for Intellectual Property Disputes. Legal Concept, 2020, vol. 19, no. 2, pp. 129-135. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.19

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