Alternative Dispute Resolution It is our policy to
avoid litigation whenever possible. This is mainly to avoid the
disproportionate costs and invested time. The uncertainty of
court's experts and judgements are extremely high in IP matters.
Alternative Dispute Resolution (ADR) starts when advising our clients in IP conflicts. We always show the risks of litigation and try to convince the parties to find a settlement to their disputes themselves or by the use of ADR. In international contracts drafted or negotiated by our firm, we use Arbitration clauses when possible from WIPO (World Intellectual Property Organization, Geneva) for example. The WIPO arbitrators often have more experience in IP matters than a local court or experts appointed by it. We also organize private arbitration and ADR. However, we avoid "in house arbitration", as we have had longtime business association with most potential disputing parties. This allows us to look for the best arbitrators for the case. Where both conflicting parties require clarification of a given situation, we organize and conduct Mediation or "Mini-trials". |
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Patent Services Ltd., Geroldswil/Switzerland |
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