Intellectual property rights are as strong as the means to enforce them. In that context, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions. Intellectual property disputes have a number of particular characteristics that may be better addressed by arbitration than by court litigation.
Intellectual property rights are as strong as the means to enforce them. In that context, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions.
Intellectual property disputes have a number of particular characteristics that may be better addressed by arbitration than by court litigation.
Traditionally, arbitrability, the question of whether the subject matter of a dispute may be resolved through arbitration, arose in relation to arbitration of certain IP disputes. As IP rights, such as patents, are granted by national authorities, it was argued that disputes regarding such rights should be resolved by a public body within the national system.
A ONE-STOP FORUM
Particularly in a cross-country case like in ASEAN setting, disputing parties can agree to resolve their disputes in a single one-stop forum. This unlike having court litigation in multiple countries - court outcomes are prolonged, expensive and unpredictable. In comparison, ad hoc or institutional arbitration is much more efficient, cost-competitive and predictable.
PARTY AUTONOMY
In arbitration, disputing parties exercise greater control over rules of discovery and witness interrogration and limits. They themselves can select the applicable laws, as well as the location and language of the proceedings.
NEUTRAL THIRD PARTY
Arbitration is usually international and neutral to the home laws, languages and jurisdiction of the disputing parties. Although each disputing party usually appoint lawyers or IP advisors, it is prudent and necessary to appoint a neutral third party arbitrator.
PROFESSIONAL EXPERTISE
Arbitrators are qualified professionals, with special expertise in the legal, technical and business disciplines. It is critial that arbitrators are committed to provide win-win solutions speedly.
FLEXIBILITY COMPETENCIES
As arbitrators are entrusted with broad remedial powers, it is up to the flexible competencies of arbitrators to propose any win-win solutions to disputing parties.
NO LEAKED OUT INFORMATION
Litigation in open courts attracts publicity and public reporting. Arbitration is conducted in privately controlled settings. Confidential information is less likely to be leaked out to the public.
AWARDS ARE FINAL
Arbitrators can award remedies to damages and injunctions, and non-traditional remedies. Court decisions are often reversed in appeal courts, making litigation outcomes unpredictable. Appeals are not normally curtailed in arbitration by prior consent.
BUSINESS RELATIONSHIPS DURING ARBITRATION
Business people often view arbitration as less confrontational since the proceedings are conducted in private. The atmosphere is more conductive to give and negotiation and bargaining. Conflict may have arisen in business dealings, friendship can continue between disputing parties on a personal level, after a successful arbitration.
In year 2010, WIPO opened an Arbitration and Mediation Center Office in Singapore. There had been several serious studies before this decision was made.
In summary, Singapore serves as hub for the growing ASEAN trade. Singapore also serves as regional centres for many multinational companies.
More importantly, Singapore inherited a strong jurisdiction legacy from the British. Business people from the ASEAN member nations can benefit from this heritage. Together with the support from the WIPO office, Singapore can provide reliable ADR services for efficient resolution.
We have about 30 years of IP experiences in patents, trade marks, industrial designs and copyrights. Our clients, from developed and developing nations, are from diversified fields. In this sense, we are confident to say that we understand the minds of business people by and large. We can competently offer our services, either as your IP advisors or your arbitrators.