The case for IP arbitration

The procedure is simple, fast and has proven to be very efficient. NIC Chile, the entity charged with managing everything related to internet domains in this country, has given sufficient confidence to users, who do not hesitate to submit to this dispute resolution mechanism to resolve domain disputes.

What reason would there be for such a mechanism not to apply to matters such as trademarks, patents and designs? The World Intellectual Property Organization (WIPO) has pointed out that this conflict resolution formula will be increasingly used and has overwhelming support from those countries that want to promote arbitration and mediation in their territories. Canada, France, Portugal and the US, among others, already employ the application of this mechanism in their legislation, and it is increasingly common for conflicts to be avoided or resolved through these procedures.

There are several reasons for encouraging arbitration, but it is worth noting the most obvious:

1) If a conflict is affecting industrial property assets in different territories, which is not unusual for multinational companies, the solution might have to be obtained country by country, and the results could be dissimilar. Instead, with using international arbitration, this problem is eliminated because a single ruling will be obtained for all territories.

2) Second is the issue of delays. Deadlines for obtaining a court judgment in matters related to industrial property are usually lengthy and even more so when dealing with matters of special complexity such as a technical patent process. If a case like this is handled through arbitration, it is feasible to advance it much faster to the consequent advantage of the parties.