Dispute Avoidance Planning and Dispute Management
Jane Lambert Most IP disputes arise out of conflicts between competitors and competition is what businesses do. In fact, businesses are compelled to compete by law. Disputes will therefore happen unless precautions are taken to avoid them. The risk of disputes can never be eliminated entirely because folk miscalculate and act emotionally but if a dispute cannot be avoided it can at least be managed. How Disputes arise and what can be done to prevent them Disputes arise because of uncertainty as to the existence, extent or nature of an IPR or because one party believes that the other lacks the means or will to enforce its rights or defend its interests. In order to minimize the first risk businesses should ensure that they have obtained appropriate legal protection for their most revenue generating intellectual assets. To minimize the second risk they should ensure that they had sufficient funding through insurance or otherwise to enforce their rights or defend the...