Disputes arising out of intellectual property rights often involve matters concerning licensing agreements or other forms of transaction relating to patents, trademarks, copyright or know-how and trade secrets. It is important to protect inventions, trademarks or designs globally.
Arbitration is increasingly being chosen as an alternative to litigation for the resolution of intellectual property disputes. This is because arbitration offers numerous advantages in such disputes, especially due to its private and confidential nature, and it is particularly suitable for disputes involving complex technology issues and multiple jurisdictions. However, not every IP issue may be resolved by arbitration, since different countries have different rules relating to the resolution of intellectual property disputes.
We will explore whether arbitration is fit for the intended purpose and which strategies to deploy to find solutions that best serve our clients’ interests. In particular, we evaluate the risks involved to prevent the unenforceability of an arbitral award under certain national laws. We assist our clients in protecting and enforcing their intellectual property rights wherever they need to do so.
We represented a group of UK companies in the telecommunications industry in relation to a licensing agreement over cabling and transmission technologies.