Resolving disputes over intellectual property rights

Litigation typically refers to situations where parties cannot reach a mutual agreement and, as a result, bring the matter to a court or other legal authority. But alternative dispute resolution, such as arbitration and mediation, can also be included under the term “litigation.” Thus, the term covers more than just going to court. 

Intellectual property rights (IPR) disputes usually involve two elements: (1) the alleged infringement of the right and (2) the validity of the right. The right-holding party claims that the other party is infringing the exclusive right. The accused party argues that its activity does not infringe the right and/or that the right is not valid, so it cannot be infringed.

 
Both litigation and alternative dispute resolutions lead to a binding outcome in most cases. This outcome can have a major impact on your business operations.  

Most disputes are resolved through negotiations between the parties. Nevertheless, due to increasing globalization, the number of international IP rights proceedings increases every year.

Internationally, the TRIPS agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) provides a fundamental framework. 

This treaty - with (almost) global coverage - sets minimum standards for the protection and enforcement of IP rights. TRIPS enables effective civil and criminal action against IP infringement. This makes it possible to take cross-border action and it ensures the deployment of fast, efficient remedies in virtually every country in the world. 

With the establishment of the Unified Patent Court (UPC), right holders in the European Union now have additional tools for enforcing patent rights internationally. The UPC provides patent holders an even better opportunity to defend their interests. Notably, most of V.O.'s European patent attorney are independently authorized to act before the UPC, though for major cases, it remains wise to involve specialized patent laywers as well.  

Litigation is a powerful and ultimate tool to enforce your IP rights and to address infringement, or vice versa: to stand up against wrongfully granted IP rights. But you will always have to weigh up whether alternatives for resolving the disputes are not more appropriate, faster and more cost-effective. Therefore, first seek advice on the opportunities and the most desirable, strategic approach given the conflict and the specific circumstances. This is essential to ultimately reaching a good resolution.