التحكيم كوسيلة لتسوية المنازعات الناشئة عن عقد الترخيص باستغلال براءة الاختراع

الملخص EN

Adjudication is considered the best means to compromise the arguments; especially, the ones caused by license contract to use the patent.

This research focuses on the importance and the procedures followed in the adjudication.

In addition, our work attempts to bring to light to what extent this solution is suitable regarding license contract used in the patent in the Algerian law.

We have arrived at a set of several results.

The judicator's authority in the license contract is derived from the accord of the parties who appoint him in their contract, in which they determine the law that should be applied, and the procedures of the adjudication.

Regarding the importance that adjudication gained through time, the legislator organized it in the procedures of the civil and the administrative law.

Moreover, adjudication has been mentioned in many international conventions in accordance to specific lawful rules.