Intellectual property disputes are complex legal matters. Whether they involve patents or trade secrets, trademarks or copyrights, pursuing litigation can be expensive, time-consuming, and frustrating. In many cases, pursuing an out-of-court resolution through either mediation or arbitration makes a great deal of sense and offers both parties significant benefits.
Mediation is frequently used to resolve intellectual property issues. Because intellectual property disputes often involve extremely complex technological issues, involving a mediator with specific knowledge of both the relevant law and the business field or industry is often very helpful and can lead to settlements between the two parties. A mediator with familiarity with both the law and the technical aspects being discussed can provide both sides with a fair and unbiased assessment of their position, and this is often helpful to move things forward.
Mediation provides a significant degree of flexibility to how the process will work. This is particularly helpful when the parties are in different countries, or when a substantial amount of discovery is required. The costs of a discovery process conducted during litigation can be astounding, but a mediator can coordinate a more collaborative and cooperative exchange of information that resolves the issue quickly. They can also narrow the issues down to the most contentious points of dispute, avoiding time spent on insignificant arguments.
Arbitration is another good option for resolving intellectual property disputes. It is less expensive than litigation and it is far more efficient, providing a far greater degree of control, flexibility, and solutions while giving some measure of satisfaction to both sides. Both parties can have a say in the procedure, including how many arbitrators are involved, the amount of time available for discovery and the process, the type of award, the location of the hearing, and more. Arbitrators with specific legal or industry expertise can also be requested, and this is particularly helpful when it comes to patent and trademark disputes.
Another advantage of arbitration is that it introduces a level of privacy and secrecy that is not available in a courtroom. Individuals arguing about trade secrets and confidentiality will be far more comfortable in a process that takes place and is resolved behind closed doors.
For information on how our services can help you address an intellectual property dispute, contact our office today to set up a time for an interview.