INTA roundtable: the pros and cons of ADR
Is alternative dispute resolution (ADR) a realistic option in intellectual property disputes, and what are the costs and benefits of using it?
These were the questions discussed by industry professionals at a roundtable hosted by the International Trademark Association (INTA).
A group of intellectual property lawyers gathered at law firm Shepherd and Wedderburn in London yesterday, February 7.
The focus of the roundtable was whether ADR is a realistic option for IP disputes, and the pros and cons of mediation.
Delegates asked questions to try to determine the best course of action for their clients and businesses.
One delegate said that an alternative to ADR is a blending of mediation and arbitration, which enables both parties to focus on what they want to achieve from the legal meeting.
The blending allows parties to narrow their issues and can result in partial settlements, they explained.
Another delegate praised mediation, claiming that it was a “tool for litigation”, while one commented that mediation allows IP owners to get “up and close with the opposition”.
They added that another advantage of mediation is that IP lawyers are able to determine if they have a weak case before heading to court, and are able to modify the case.
However, delegates warned that IP owners should be aware that there is an element of disclosure in mediation.
And bigger businesses do have to consider costs and delays as a result of mediation and arbitration, one delegate said.
WIPR is proud to announce that it will be collaborating with INTA to exclusively produce the official INTA Daily News for the INTA Annual Meeting 2017 in Barcelona.
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