Alternative dispute resolutions

T. Arnold, Patent Alternative Dispute Resolution Handbook, Clark Boardman Co., Ltd., New York, 1991. 

Technology transfer specialists, in contrast, are more focused on business aspects. They need to be able to work closely with and understand the work of the industrial property people, to help them check on the patent applications filed by the institution. But they also, and more importantly, must follow market trends involving the portfolio of patents and applications, orient the preparation of technical cooperation, detect and contact potential partners for future technology transfers, negotiate and draft contractual instruments applicable to each case, monitor the partnerships formed, deal with external law offices specializing in intellectual property, and act in cases of breach of contractual clauses. In relation to this last item, when a contractual infraction or other compliance problem is noted, a choice must be made as to what action to take. Will it be by judicial action or some form of alternative dispute resolution ... 

There is a range of alternative dispute resolution (ADR) methods. Among the most common are arbitration and mediation, although conciliation and direct negotiation are also possible. 

ADR AUTM EPC IDA IFN-alpha INPI mAb alternative dispute resolution Association of University Technology Managers European Patent Convention irnationally recognized depositary authority Interferon-alpha Brazilian National Institute of Industrial Property Monoclonal antibody... 

In the United States, this is a civil action brought in the federal courts. The specific federal district court in which a patent owner can sue an infringer is governed by federal law. Patent litigation is very expensive and time-consuming. For this reason, it is not entered into without careful consideration of the consequences and analysis of all options available. In recent years, various alternative dispute-resolution proceedings have been used more often. 

See, e.g., Brunda, "Resolution of Patent Disputes by Non-litigation Procedures," 15 AIPLA Q. J. 73 (1987) Arnold, "Alternative Dispute Resolution in Intellectual Property Cases," 9(1) AIPLA Seleeted Legal Papers 289 (July 1991). 

The EPA has a policy supporting the use of alternative dispute resolution in resolving enforcement cases. 

The encouragement of alternative dispute resolution (negotiation and arbitration) with civil disputes. 

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