Why Mediate Arbitrate Intellectual Property Disputes

by WIPO Arbitration and Mediation Center, Geneva, Switzerland

WIPO Arbitration and Mediation Center, Geneva, Switzerland

Intellectual property is a central component of the contemporary knowledge economy and its efficient exploitation is of crucial importance. Disputes, however, can interfere with the successful use of intellectual property rights and even put at risk a company’s success. While the careful drafting of contracts may reduce their frequency, disputes inevitably arise. Therefore, it is essential that they be managed and resolved efficiently. In order to do so, parties must be familiar with their dispute resolution options. Although an intellectual property dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to mediation, arbitration or other alternative dispute resolution (ADR) procedures. ADR suits most intellectual property disputes, especially those between parties from different jurisdictions. ADR can empower the parties by enhancing their control over the dispute resolution process. If well managed, ADR can save time and money. In addition, because ADR procedures originate in the agreement of the parties, their application can sometimes result in a less adversarial process. This effect allows the parties to continue or enhance their business relationship.

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