Showing posts from December, 2015

IP Arbitration

Earlier this year I discussed mediation as a method of resolving IP disputes (see IP Mediation 22 May 2015). Mediation is a form of alternative dispute resolution ("ADR"), that is to say resolving a disputes without going to court.  ADR offers a number of advantages which the World Intellectual Property Organization ("WIPO") listed in ADR Advantages. As I noted in my previous article "the courts and the Intellectual Property Office ("IPO") hearing officers expect parties to consider mediation or some other form of alternative dispute resolution before issuing proceedings" in every case.

In that article I described mediation as "chaired" or "facilitated" negotiation. Like all forms of negotiation it works through consent. However. there are some disputes that can never be resolved in this way.  They require an adjudication, that is to say a decision based on a finding of fact and law.  Litigation is one form of adjudication a…