Margaret Tofalides & Lucia Williams put disclosure & confidentiality in IP arbitration under scrutiny
Intellectual property (IP) disputes are ever more frequently being submitted to arbitration, and parties often raise questions about confidentiality. Of particular concern are issues surrounding patent disputes and the analysis of the compounds, formulas and processes they involve. Many IP disputes centre on techniques employed or business information, all of which are highly sensitive, and strict measures need to be implemented in the arbitration to protect the parties’ rights.
The numerous benefits of arbitration range from the flexible nature of arbitral procedure, over which the parties have quasi-absolute control, to the ease of enforceability of arbitration awards and the fact that IP-related issues can be resolved in a single set of proceedings rather than having to be litigated in every jurisdiction in which the IP right is allegedly infringed. Patent litigation on a large scale can be a drain on resources and produce unsatisfactory results. The mammoth Apple-Samsung patent dispute, for example, has involved over 50 lawsuits
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