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A Glance At Arbitration In Brazil
Edson de SouzaPatent Attorney, Momsen, Leonardos & Cia, Rio de Janeiro, Brazil Parties often agree to arbitrate their disputes for a multitude of reasons: arbitration is generally faster and cheaper than court litigation; confidentiality, or rather, disputes are decided out of public view, thereby preserving business reputation and protecting any trade secrets and company records; […]
Mediation And Arbitration Of Intellectual Property Disputes In Australia
Khajaque KortianTrade Marks Attorney, Sprusons & Fergusen, Sydney, Australia Alternative dispute resolution (ADR), including mediation and arbitration, is regularly applied in disputes concerning intellectual property in Australia. The primary forum for intellectual property litigation in Australia is the Federal Court of Australia. The Federal Court has power to refer proceedings for mediation or arbitration.
Mediation In An IP Context: Comparison Between The WIPO Mediation Rules And The ICC ADR Rules
Jane PlayerPartner, Bird & Bird, London, England Ioanna ThomaAssociate, Bird & Bird, London, England Mediation is not a familiar process to most international business executives. The most widely accepted definition of mediation is “a voluntary process in which a neutral third party, who lacks authority to impose a solution, helps participants reach their own agreement […]
Why Mediate Arbitrate Intellectual Property Disputes
WIPO Arbitration and Mediation Center, Geneva, Switzerland Intellectual property is a central component of the contemporary knowledge economy and its efficient exploitation is of crucial importance. Disputes, however, can interfere with the successful use of intellectual property rights and even put at risk a company’s success. While the careful drafting of contracts may reduce their […]
To Arbitrate Or To Litigate That Is The Question
Kevin NachtrabSenior IP Patent Attorney, Johnson & Johnson (Europe), Brussels, Belgium It is an issue addressed in virtually all contract negotiations. Anyone involved with transactional work routinely deals with it. When raised, it often becomes the subject of a heated debate. And yet, it is probably one of most important but misunderstood and neglected issues […]
Communications And Networking Throughout The World
Chikao FukudaPresident, LES International At the International Delegates Meeting held in Vancouver, Canada, in late October, Ron Grudziecki handed over the gavel to me for the year 2007-2008. Ron and his Board have done a great job in improving the accessibility and visibility of LESI in this past year, including the development of the LESI […]
U.S./Canadian Licensing In 2006; Survey Results
Richard RazgaitisSenior Advisor at CRA International Inc., formerly Charles River Associates (which acquired InteCap, Inc. in 2004), President of the Licensing Foundation. (2004-2007) This paper is the fourth such report of an annual survey conducted by The Licensing Foundation, a wholly owned subsidiary of LES (USA & Canada). As in prior years, the survey was […]
Dreadful Drafting: The Do’s And Don’ts Of Grant Clauses
John T. RamsayQ.C. of Gowling Lafleur Henderson LLP Barristers & Solicitors, Calgary, Canada DevCo, an Alberta corporation based in Calgary, has developed and now manufactures and distributes novel detector heads that are used in the image capture device in digital x-ray systems. These units have unique designs for the image capture process and use proprietary […]
Financial Valuation Techniques In IP Licensing
Ivan ChaperotSenior Licensing Manager, Alcatel-Lucent, Paris, France In negotiations, offering multiple options to the other party sometimes improves the efficiency and the probability of reaching an agreement. The more creative the options are in view of the issues to be resolved, the more likely the negotiation will be successful. This general principle also applies when […]
A Pragmatic, “Just-in-Time” Business Model For Academic Technology Transfer
Robert S. MacWrightPh.D., Esq., Executive Director and CEO, University of Virginia Patent Foundation, Charlottesville, Virginia, U.S.A. Many see our profession as more focused on public good than revenues. Nevertheless, I firmly believe that academic technology transfer is a business, and that we best serve the public good when we view it that way. Since 1997, […]
