Enforcing IP rights and settling disputes

Intellectual property (IP) disputes can and do emerge, despite the best efforts of the parties involved. Third-party infringements of your IP rights or third-party claims that you have infringed on their IP rights are examples of such disputes. Both situations could lead to legal action, orders to stop utilising the IP asset, and/or compensation payments.

Alternative dispute solution

IP litigation is expensive, and few small businesses would deliberately pursue it as a complainant or defendant. Arbitration and mediation are examples of alternative dispute resolution (ADR) methods that can be used instead of going to court.

Expert advice

Arbitration

Avoid judicial proceedings and cost

In an arbitration procedure, the parties agree to submit their disagreement to one or more arbitrators, who will ultimately render a binding ruling. Arbitration is a private and less formal process than judicial procedures. Damages awarded through arbitration are much easier to enforce internationally than damages awarded through national judicial proceedings.

Mediation

Involve a neutral third party.

In a mediation method, a neutral third party, the mediator, assists the parties in reaching an amicable agreement. Any agreement is documented in a legally binding contract. Mediation has the advantage of allowing parties to maintain control over the conflict resolution process. This can aid in the maintenance of positive business relationships with the other parties involved.

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Enforcing IP Rights: Who should you contact?

The responsibility of enforcing IP rights falls primarily on the person who owns them. As the owner of an IP right, it’s up to you to spot any infringement and decide what steps to take.

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Enforcing IP rights: What can you do in case of infringement?

If you suspect that an infringement has occurred to your IP you need to seek an expert’s advice, Photon Legal has a team of experts who can help you understand the procedure of what should you do next. There are a variety of tools for enforcing your IP rights depending on the jurisdiction, and the procedures and rights vary from country to country. Whether the infringement was deliberate or unintentional will determine the next steps to take.

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