The World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center performed an international survey on dispute resolution in technology transactions, such as non-disclosure agreements, license agreements or R&D agreements. This survey had the main goal of assessing the current use in technology-related disputes of alternative dispute resolution (ADR) methods like arbitration or mediation as compared to court litigation.
According to WIPO this survey allows not only the identification of trends, but also best practices that can help intellectual property right holders in their dispute resolution strategies.
Below see some of the conclusions of this survey:
- Agreements resulting most often to disputes:
a. disputes occurred in relation to 2% of Respondents’ technology-related agreements;
b. among technology-related agreements, licenses most frequently give rise to disputes (25% of Respondents). R&D agreements rank second (18%) and are followed by NDAs (16%).
- Choice of Dispute Resolution Clauses:
a. Court litigation was the most common stand-alone dispute resolution clause (32%), followed by arbitration and mediation. However, respondents generally perceived a trend towards out-of-court dispute resolution mechanisms.
b. The results show that the respondents spent more time and incurred significantly higher costs in court litigation than in arbitration and mediation.
To see all the conclusions of this survey and for further information, please click here and here.
If you need information on dispute resolution mechanism, check the fact sheet we prepared in collaboration with WIPO and which is available here.