Practitioners overlook arbitration when resolving patent infringement

Recognised arbitral bodies are responsible for promoting the multitude of advantages arbitration employs as a preferred choice for patent disputes, says Clive D Thorne

31 Mar 2014

Arbitration as a method of resolving patent infringement and validity disputes has been overlooked by practitioners. Possibly the reason for this is that intellectual property infringement actions are tortious and traditionally arbitration has been used for the resolution of contractual disputes. However, it is commonplace for arbitration clauses to be incorporated into intellectual property licences.

Although there is little scope for the arbitration of 'piratical' disputes, there is in principle no reason why arbitration cannot be used by agreement between two commercial parties eager to resolve the dispute ...

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