A recent international survey shows that mediation is the preferred way to resolve disputes in the technology, media and telecom fields. While arbitration is preferred over litigation, especially for international disputes, companies would rather avoid the cost and uncertainty of court or arbitration. Pre-empting and Resolving Technology, Media and Telecom Disputes, International Dispute Resolution Survey,… Continue reading Mediation is favoured method of resolving international technology disputes.
Among technology-related agreements, licenses most frequently give rise to disputes (25% of Respondents). R&D agreements rank second (18%), followed by NDAs (16%), settlement agreements (15%), assignments (13%), and M&A agreements (13%). Cost and time are the principal considerations when negotiating dispute resolution clauses, both in domestic and international agreements. Time and cost varied widely by… Continue reading WIPO international Survey on Dispute Resolution in Technology Transactions
From a corporate perspective: Patricia Barclay, "Mediation of IP Disputes" - 2010 International Focus, ACR Commercial Section From a patent perspective: Mitchell Smith, "Mediation as an Alternative to Litigation in Patent Infringement Disputes - (2009) Volume 11, No. 6, p.1 of the ADR Bulletin of Bond University From a trademark perspective: Stephanie Chi, "The Role of… Continue reading Commentaries on IP Mediation