Alternative Dispute Resolution Options for Intellectual Property and Technology Disputes
Intellectual property (IP) is a central component of today’s knowledge economy, and its efficient exploitation is of growing importance to successful business. However, disputes can interfere with IP rights, impacting on innovation and creative processes.
While the careful drafting of contracts will reduce their frequency, disputes may 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 IP dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to mediation, arbitration or other alternative dispute resolution (ADR) procedures.ILPO-WIPO Collaboration
The Israeli Patent Office (ILPO) and the World Intellectual Property Organization Arbitration and Mediation Center
collaborate to raise awareness of ADR options to court litigation to resolve IP and technology disputes in Israel.
What is ADR?
ADR procedures constitute alternatives to court litigation. ADR is appropriate for most IP related commercial disputes, and especially between parties from different jurisdictions. ADR can enhance the parties control over the dispute resolution process. If well managed, ADR can save time and money. In addition, its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or improve business relationships.
ADR options include mediation, arbitration, expedited arbitration and expert determination.
An informal consensual process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests.
A consensual procedure in which the parties submit their dispute to one or more chosen arbitrators, for a binding and final decision (award).
An arbitration procedure that is carried out in a short time and at a reduced cost.
A consensual procedure in which the parties submit a specific matter (e.g., a technical question) to one or more experts who make a determination on the matter.
WIPO ADR Resources and Publications:
ADR Clauses in Model R&D Agreements
Parties involved in R&D collaborations and technology transfer transactions often use model agreements as a basis for drafting and negotiating their contracts. To help optimize dispute resolution in R&D and technology transfer, the WIPO Center collaborates with concerned stakeholders and entities in the development and dissemination of model agreements for R&D collaborations
, which recommend WIPO mediation and expedited arbitration options.
WIPO Arbitration and Mediation Center
34, chemin des Colombettes
CH-1211 Geneva 20
Tel: +4122 338 82 47
Fax: +4122 338 83 37