7 Benefits Of Arbitration In A Patent Dispute

Law360, New York (August 27, 2015, 6:48 PM EDT) -- This article examines why a patent dispute, and particularly an international patent dispute involving two or more jurisdictions, and subject matter such as pharmaceuticals, chemicals, computers and high technology, is ideally resolved by arbitration. A 2013 survey of companies across various industries showed that 73 percent of the companies agreed that international arbitration is their preferred mechanism for dispute resolution.[1] Specifically, with respect to intellectual property, it is widely accepted that disputes related to intellectual property rights are ideally suited to arbitration, similar to any other property right.[2] Arbitration provides a more efficient resolution to a patent dispute than litigation, especially in the international area. Through alternative dispute resolution, a patent dispute can be resolved with the benefits and enforceability of a courtroom judgment, but with the ease and effectiveness of arbitration. The main benefits to arbitration are knowledgeable arbitrators, speedy and cost-effective process, flexibility of confidentiality, as well as an enforceable global decision across several jurisdictions. Below are seven reasons why arbitration is preferred to litigation of a patent dispute....

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