ALTERNATIVE RESOLUTION OF INTELLECTUAL PROPERTY DISPUTES
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Abstract
The article deals with the alternative dispute resolution as a perspective and proper way on how to settle disputes and why it is proper for an intellectual property dispute settlement also as an amicable method.
The author comments on the different approaches to the alternative dispute resolution in different jurisdictions (should it be also the arbitration the alternative dispute resolution method or not and why).
The nature of the alternative dispute resolution and its roots are analysed briefly, then the methods of the alternative dispute resolution are described individually to find if and why individuals may benefit from it when properly used. The best international practice and its promotion from relevant authorities and agencies (like WIPO and UNIPO) is reminded and described as well.
Author also comments on special elements of the intellectual property disputes and its typology in the “new technology governed and connected world”. Under consideration are especially the costs and benefits of an alternative dispute resolution and the author suggests, based on relevant arguments (both jurisprudence and practise provided) and thus concludes the alternative disputes settlement should be considered as a perspective way how to settle a dispute and it should be promoted and used widely as international practice shows and confirms its advantages.
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