Essay On ADR In IPR

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ADR In IPR
Despite the growing number of disputes involving intellectual property rights, little attention has been paid to their resolution outside courts. The high stakes and the need for a definite and legally enforceable decision have probably kept these matters away from attempts to resolve them through alternate methods of dispute resolution.
However, parties have gradually begun to acknowledge the advantages that ADR has, over expensive and drawn-out battles in court. They also recognise that resorting to arbitration or mediation is more suitable to the very nature of the contentious issues in IPR disputes.
The use of ADR to resolve intellectual property conflicts is a subject that “lies at the intersection of two rapidly growing branches of law.”
The vast majority of intellectual property cases, especially cases involving copyright, patent and trademark infringement claims involve exorbitant costs of litigation, irrespective of the actual time required to either settle or for a judgement to be rendered. The majority of these costs arise from the necessity for expert testimony, especially in patent infringement cases. While copyright and trademark cases are less technical, these costs are not entirely done away with, due to the need to present market-driven data when trademarks are infringed, due to the high dependence on consumer perceptions. Not only do these trials drain the cash flows of the litigating company, they also become accounting liabilities due to ever-present possibility of an appeal being filed. Additionally, information, technical and commercial, that both parties may prefer to keep secret becomes publicly available. The confidentiality clauses in agreements for arbitration or mediation greatly aid the ...

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...tion of flexible rules allowing parties to use the most suitable method. Besides traditional arbitration, it also offers expedited arbitration, which includes sole arbitrators (rather than a tribunal of several arbitrators), shorter timetables, and condensed hearings to help facilitate faster and less costly settlements. By 2009, the WIPO Centre had administered over 80 mediations and 110 arbitrations. The 2014 Rules have dealt with a number of problems, and allow parties to call upon an emergency relief procedure prior to the establishment of the Tribunal, and to seek such relief before a judicial authority.
It appears that, we might do well to heed Lincoln’s advice to lawyers – “"Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser - in fees, expenses, and waste of time.”

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