ALTERNATE DISPUTE RESOLUTION

Whether you are taking an action or defending your position in a possible intellectual property infringement case, litigation is not the only choice to resolve a dispute. It is definitely more costly and time consuming to seek resolution involving complex court procedures of multiple foreign jurisdictions.

World Intellectual Property Organisation (WIPO) offers suggestion on resolving IP disputes outside courts as below:

• “Mediation - where an impartial mediator helps two or more parties in dispute reach a mutually acceptable agreement between themselves.
  
• Arbitration - where the parties agree to submit their dispute to an arbitrator, who then makes a final, binding decision (award).
  
• Expert determination - where the parties agree to submit a specific issue (such as a technical question, or the valuation of an IP asset, or royalty rates) to one or more experts who make a determination.”

Litigation is not about full focus in winning a case but more importantly achieving the desire result with balancing between positive outcome and the total legal cost of your case. Most of the time, negotiation and mediation may turn out to be win-win and the most cost effective solution for both parties. If you are a prospective litigants seeking for an expert determination to help in providing infringement or validity opinion of your patent, you may contact us to find out how we can assist you.