There are a wide variety of intellectual property disputes. This article focuses exclusively on trademark, copyright and trade secret disputes (“TCT disputes”), leaving patent disputes for another white paper. The parties’ desire for confidentiality of their sensitive business information, the frequency of ongoing business relationships between them, and the existence of international parties make arbitration an advantageous dispute resolution process for trademark, copyright and trade …
Archives for August 2023
Energy, Electric Power Generating and Renewable Industries Disputes
Arbitration has been an important, but limited tool for alternative dispute resolution for well over 50 years in the traditionally regulated United States electric industry, but its use has undergone a significant expansion with the monumental and unprecedented transformation over the last two decades of this critical business sector of our economy. With the restructuring of the industry into broad-ranging unregulated components, rapid internationalization, large-scale mergers and …
Patent Disputes
Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new PTO post-grant trial proceedings (post-grant review (PGR) and inter‑partes review (IPR)) implemented by the Leahy-Smith America Invents Act (AIA). 'Reports of my death have been greatly exaggerated.’ So it is with patent arbitration. Contrary to those views, patent arbitration is still very much alive, widely used and, where employed in appropriate situations and …
International Disputes
International commercial arbitration is chosen by most businesses in virtually all industries for resolution of their cross-border disputes. A neutral forum and flexible process leading to an award enforceable almost everywhere are advantages that litigation does not offer. International commercial arbitration is chosen by most businesses in virtually all industries for resolution of cross-border disputes. However, international arbitration – like international business itself – presents …