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Litigation / US Litigation / Intellectual Property Dispute Resolution in The United States Conclusion In the United States there are many forms for dispute
resolution in the area of intellectual property. Each has its advantages
and disadvantages. District court litigation, while the most complex
and often the most expensive, offers the certainty of procedural safeguards,
finality and full relief. Administrative proceedings, particularly those
before the PTO and U.S. Customs in connection with trademarks, offer
a lower cost means of enforcing and challenging intellectual property
rights. However, the PTO is a slow process and may in any event result
in court litigation; and U.S. Customs, in the case of patents, while
offering a potentially accelerated proceeding, does so at an unusually
high cost associated with such acceleration. ADR, which has received
considerable attention in recent years, likewise has its advantages
and disadvantages. Consensual ADR particularly will only succeed to
the extent that the parties themselves permit it to do so; otherwise
ADR only adds to the expense of dispute resolution. The "best" forum
for dispute resolution in the United States is that which works given
the particular dispute. The astute business person selects a forum according
to his or her own needs.
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