Protecting IP: Arbitration v Litigation

Protecting IP: Arbitration v Litigation

Publications

An article by Yoanna Schuch, published in the intellectual property section of the Winter 2018 edition of Commercial Dispute Resolution. In today’s global economy, intellectual property has become one of the most valuable assets, and its effective protection and use is of growing importance to successful businesses. Ms. Schuch explores the growing use of arbitration in IP disputes.

Excerpt: (IP) results in a broad range of legal rights that enable owners to share, transfer and commercialise intangibles, such as ideas, inventions, or names. Well-known examples of IP rights are patents, trademarks, copyrights and trade secrets. Although IP disputes can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to arbitration. This article addresses the benefits of taking IP disputes to arbitration instead of litigation and sets out a few key points that counsel and parties should consider when choosing between IP arbitration and IP litigation.

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