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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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