Efficientalternativedisputeresolution(ADR)for.pdfVIP

13.1 Efficient alternative dispute resolution (ADR) for intellectual property disputes More and more rights holders are recognizing the benefits of using private neutral mechanisms that allow parties to settle their disputes. Ignacio de Castro, Deputy Director, WIPO Arbitration and Mediation Center, and Sarah Theurich, Legal Staff, WIPO Arbitration and Mediation Center, explain how it all works. The challenges of enforcing intellectual property rights In today’s economy, intellectual property (IP) rights represent valuable business assets. The commercial exploitation of IP rights through international licensing, patent pooling, technology transfer and research and development agreements, branding, copyright and design strategies can trigger substantial benefits. However, IP rights are only valuable as long as they can be efficiently enforced. Infringement of IP rights through copying or free-riding can cause loss of market shares and considerably tarnish the business reputation of the IP holder. Taken from Jolly, A and Philpott, J (eds) (2009) The Handbook of European Intellectual Property Management, 2nd ed, Kogan Page, London To order your copy online, or for more information, visit 2 GUARD YOUR RIGHTS ________________________________________________ With the multiplication of international IP transactions, the number of IP-related disputes has likewise grown. Modern challenges such as digitization and globaliza- tion contribute to an increase in IP-related conflicts. IP disputes can involve a variety of subject-matters, as well as large and small enti- ties such as inventors, manufacturers, research institutes, pharmaceutical companies, software developers, fashion industries, joint venture partners,