ADR ADVOCACY, STRATEGIES & PRACTICES FOR IPR

Abstract

Intellectual Property Rights is considered to be a legal right which is granted to the person who is considered to be the originator or the composer of an original work or invention for a stipulated period of time. In the modernized world, along with the tangible assets, intangible assets also play a vital role. All types of IP rights are considered to be an intangible asset. Protecting these IP Rights is an essential part in business. It is the responsibility of the owner to protect his business IP rights.  IP related lawsuits are initially filed in District Court, with appeal to the High Court. Alternative Dispute Resolution is a process used to resolve conflicts outside of the judicial system. The mechanism of arbitration will have legal obligation on the parties whereas the Mediation procedure is not so. Arbitration and Mediation process is used in IP related disputes which will be helpful for speedy disposal of the case and it is cost efficient to the parties which is one of the advantages to the parties. Disputes dealing with Business, Trade, Commerce and contracts, family related disputes, tortious liability can be sorted through ADR process. Similarly, ADR Process is used to solve IP Related disputes also. In order to disburden the judiciary from pending IP cases and for rendering justice without many complications, lawsuit can be filed through ADR mechanism. Based in Geneva, Switzerland, the WIPO Arbitration and Mediation Centre was established in the year of 1994 with the aim to solve the intellectual property disputes through ADR Mechanism. The author will be highlighting the comparative analysis of ADR process with US and UK.