What are my options for settling my IP disputes out of court?

In many instances, the most expensive way to deal with infringement may be litigation in a court of law that has jurisdiction over the issue, especially if IP rights of your company have been infringed by a number of ‘competitors’ in the same or different jurisdictions. In the latter situation, your enterprise would have to enforce its rights in different places before different courts. For this reason, it is prudent to consider the possibility of a dispute and provide means for its settlement at the time of drafting the original contract. You should consider agreeing to use an alternative dispute resolution mechanism – usually arbitration or mediation – which may be less costly and less time-consuming than litigation in the courts. Referral to arbitration and mediation is consensual.

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