A Global and Local Outlook
Elgar Intellectual Property Law and Practice series
Edited by Irene Calboli and Jacques de Werra
Chapter 13: ALTERNATIVE DISPUTE RESOLUTION MECHANISMS FOR SOLVING TRADEMARK DISPUTES (MEDIATION, UDRP, ARBITRATION)
The challenges and costs of litigating global trademark (and other intellectual property) disputes before national courts are well-known. This explains and justifies the growing attention paid to alternative dispute resolution (ADR) mechanisms that are developed in order to solve trademark (and other intellectual property) disputes, which are of particular importance in an international setting because of the interest that parties to an international trademark contract (potentially an international trademark license) may have in defining in advance to which alternative dispute settlement body they shall submit any potential dispute that may arise between them (instead of submitting their dispute to litigation). This chapter will discuss certain alternative dispute resolution mechanisms (outside of arbitration) that may be used in order to solve trademark disputes (see below B), before turning to the use of arbitration (see below C). In light of the overall focus of this book on trademark transactions, this chapter will specifically address certain practical contractual issues that must be carefully assessed when considering the use of arbitration for solving (international) trademark disputes. Trademark disputes can be solved by the submission to various alternative dispute resolution mechanisms outside of the courtroom and outside of arbitration, and specifically to mediation (see below 1) and to the Uniform Domain Name Dispute Resolution Policy (UDRP) with respect to certain trademark-related Internet domain name disputes (see below 2), whereby the UDRP has served as a model for other intellectual property-related domain name disputes (see below 3).
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