RESOLVING INTELLECTUAL PROPERTY AND TECHNOLOGY DISPUTES THROUGH MEDIATION AND ARBITRATION
Intellectual property (IP) and technology mediation and arbitration have undergone rapid growth in recent years, and evolved to encompass new commercial sectors. Beyond licensing issues and related commercial disputes, IP mediation and arbitration now include disputes involving trade secrets, online content and trademark coexistence disputes, as well as IP infringement disputes in a growing number of jurisdictions. Many industries outside the traditional IP and technology sphere are using technology and innovation to remain competitive within their markets. Accordingly, IP and technology disputes arise in almost every industry sector, as evidenced by our rising caseload.
In this article we consider the challenges and opportunities which arise in the course of IP and technology disputes, as well as the advantages of using mediation and arbitration to resolve them. A simple win/lose solution is not always a possible or desirable outcome. With skill and application, business relationships can be consolidated and reputations restored without the time and cost of a domestic or multijurisdictional court case.
IP and technology disputes have distinctive features that should be considered when designing the most appropriate dispute resolution strategy.
Jan-Mar 2021 issue
WIPO Arbitration and Mediation Center