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8 - Alternative Dispute Resolution for Trademark Disputes

from Part One - International Aspects of Trademark Protection

Published online by Cambridge University Press:  18 September 2020

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
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Summary

The challenges and costs of litigating (multi-territorial) trademark (similarly to other intellectual property) disputes before national courts are well-known.1 This explains the growing importance of alternative dispute resolution (ADR) mechanisms, specifically arbitration, for solving trademark2 (and other intellectual property) disputes.3 In an international dispute, ADR can particularly offer the advantage to centralize the dispute resolution process and thus avoid the fragmentation before parallel regional or national courts.4 The increasing reliance on and trust in ADR systems for solving trademark (and other IP) disputes is not surprising: it mirrors the growing importance of ADR in the general dispute resolution ecosystem.

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Publisher: Cambridge University Press
Print publication year: 2020

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