Resolving Intellectual Property Disputes outside of Court: Using ADR to Take Control of Your Case

Kowalchyk, Alan W., Dispute Resolution Journal

Intellectual property cases, like most commercial disputes, start out in court but are usually resolved before trial. Given the high cost and protracted nature of IP battles, arbitration and mediation should be seriously considered as options to take control of a dispute when it arises. This article focuses on the key factors to evaluate when deciding whether to arbitrate or mediate an IP dispute.

The vast majority of intellectual property litigation, especially cases involving copyright, patent and trademark infringement claims,1 takes place in the federal courts. Like most cases that set out upon the litigation path, intellectual property cases are most often settled before …

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Publication information: Article title: Resolving Intellectual Property Disputes outside of Court: Using ADR to Take Control of Your Case. Contributors: Kowalchyk, Alan W. - Author. Magazine title: Dispute Resolution Journal. Volume: 61. Issue: 2 Publication date: May-July 2006. Page number: 28+. © American Arbitration Association Nov 2008-Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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