Why Arbitration in Intellectual Property?
Intellectual property rights are as strong as the means to enforce them. In that context, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions. Intellectual property disputes have a number of particular characteristics that may be better addressed by arbitration than by court litigation. Some of the main characteristics of intellectual property disputes and the results offered by domestic litigation and arbitration are summarized in the following table:
| Common features of many IP disputes | Court litigation | Arbitration |
|---|---|---|
| International |
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| Technical |
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| Urgent |
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| Require finality |
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| Confidential/trade secrets and risk to reputation |
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