Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation

The need for a viable alternative to court litigation of intellectual property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility of using alternative methods, such as mediation and arbitration, to resolve complex IP disputes. The paper critiques modern judicial systems and analyses how alternative methods may be better suited to the resolution of IP disputes. Particular attention is paid to the issues present in the South African legal system and what steps are needed to implement a workable and regulated alternative to the High Court system. The paper concludes that alternative dispute mechanisms are well suited to the resolution of IP disputes but that South Africa needs to take progressive steps towards the realisation of such a system.

Grantor dc:publisher.institution

Intellectual Property Research Unit

Year dc:date.issued

2013

Author dc:creator

• Richardson, Robin Kieron

Advisor dc:contributor.advisor

• Tong, Lee-Ann

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/4436

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/4436