Intellectual Property Dispute Resolution
Alternative Dispute Resolution (ADR) in Intellectual Property Dispute Resolution refers to the process of resolving disputes involving intellectual property rights through methods other than traditional litigation. Article 159 of the Constitution of Kenya provides for and encourages alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.
When compared to going to court, ADR provides a faster, more cost-effective, and less formal solution to disputes. It allows parties to retain control over the resolution process while maintaining relationships and confidentiality. ADR can help to protect valuable IP assets and preserve business operations in intellectual property disputes, making it a popular option for resolving these disputes.
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Mediation is a process in which a neutral third party (the mediator) facilitates communication and negotiation between two or more parties in order to reach an amicable resolution to a dispute. In this mechanism, the mediator does not make decisions for the parties, but rather assists them in identifying their interests and concerns and exploring potential solutions to the dispute. Mediation is frequently used in conflict resolution, particularly in legal disputes.
Mediation’s goal is to assist parties in reaching a mutually acceptable agreement that resolves their dispute in a fair and efficient manner.
Arbitration is a method of resolving disputes outside of the court system by having a neutral third party (the arbitrator) hear evidence and make a binding decision (the award) on the parties involved.
Arbitration is frequently used as an alternative to litigation because it is faster, less expensive, and less formal than a court proceeding. The arbitrator is chosen by the parties or appointed by an arbitration organization, and the rules of the arbitration process are agreed upon in advance by the parties. Due to parties’ autonomy and confidentiality of the process, Arbitration is ideal for IP disputes.
Patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, and other issues may be involved in intellectual property (IP) disputes. Negotiation, mediation, and arbitration can all be used to settle a dispute in such cases. Negotiation is frequently the first step in resolving an intellectual property dispute, in which the parties attempt to reach a mutually acceptable agreement through direct communication and the exchange of proposals and counterproposals. If negotiations fail, the parties may choose to resolve the dispute through mediation or arbitration.
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