Alternative Dispute Resolution in IP Law - UK
Since litigation proceeding in deciding a trademark enforcement dispute was time consuming and more expensive, it was suggested that such disputes can be decided through Alternative Dispute Resolution (as adopted in US) which is cheaper and more timely in certain circumstances. The steps suggested under ADR are:
1. Mediation: This is a non-binding dispute resolution procedure which is designed to facilitate to terminate a dispute. In this system the parties first meet jointly with the mediator and express their respective versions of the dispute. After this round of meeting, the mediator discusses the matter with each party in confidence and after deep discussions, he arrives at a mutually agreeable solution. However, the mediator has no power to force the parties to agree.
2. Early neutral evaluation (ENE). It is designed to assist parties to manage and facilitate settlement. In this system, a third party attorney is selected who meets confidentially with the parties in the early stages of litigation to evaluate and assess the case including a non-binding opinion. The evaluator assists parties in identifying areas of agreement and narrowing the scope of discovery.
Alternative Dispute Resolution is considered to be the best system even by the courts to resolve the disputes pertaining to trademark enforcement/infringement cases. For example in a case (Halsey v. Milton Trust) the Court of Appeal penalized the defendant in costs for refusing to agree to ADR. It was held that the Milton Trust had acted unreasonably in refusing to agree to mediation.
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