Alternative Dispute Resolution in Patent Disputes

A Worthwhile Alternative to the Current Patent Dispute Between Apple Inc. and SAMSUNG Electronics?

Nonfiction, Reference & Language, Law, Business
Cover of the book Alternative Dispute Resolution in Patent Disputes by Anonymous, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Anonymous ISBN: 9783656421849
Publisher: GRIN Verlag Publication: April 29, 2013
Imprint: GRIN Verlag Language: English
Author: Anonymous
ISBN: 9783656421849
Publisher: GRIN Verlag
Publication: April 29, 2013
Imprint: GRIN Verlag
Language: English

Seminar paper from the year 2013 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,1, Berlin School of Economics and Law, course: Internationalisierung von Wirtschaftsprozessen, language: English, abstract: Major cell phone manufacturers Apple and Samsung are currently accusing one another of infringing patents relating to their smartphones. The lawsuits simultaneously being carried out in several countries across the world are a burden to both companies. Due to the fact that the two stand in a crucial business relationship with each other, an alternative dispute resolution model may be appropriate. Methods such as mediation, arbitration and expert determination may be suitable. Patents are part of intellectual property protection and have grown in importance over the last decades. They protect an invention and can only be granted if certain criteria are met. However, patent holders litigate patent infringements in order to protect their competitive position. Alternative Dispute Resolution offers advantages such as a single procedure, autonomy of the parties, neutrality, finality of awards, confidentiality as well as enforceability, and has been known as a method of resolution since the 1980s. De-spite this, most international disputes are carried out in court, even though companies are aware that a trial is the least beneficial method. In the past, Apple had successfully negotiated patent litigation with several competitors, but initial attempts at Alternative Dispute Resolution have failed in the case of Apple and Samsung. However, it can still be carried next to court to find common ground and identify economic needs and interests that may support court litigation and direct it towards a beneficial outcome for both. In addition, it is advisable to implement an early-stage conflict management model for the future.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Seminar paper from the year 2013 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,1, Berlin School of Economics and Law, course: Internationalisierung von Wirtschaftsprozessen, language: English, abstract: Major cell phone manufacturers Apple and Samsung are currently accusing one another of infringing patents relating to their smartphones. The lawsuits simultaneously being carried out in several countries across the world are a burden to both companies. Due to the fact that the two stand in a crucial business relationship with each other, an alternative dispute resolution model may be appropriate. Methods such as mediation, arbitration and expert determination may be suitable. Patents are part of intellectual property protection and have grown in importance over the last decades. They protect an invention and can only be granted if certain criteria are met. However, patent holders litigate patent infringements in order to protect their competitive position. Alternative Dispute Resolution offers advantages such as a single procedure, autonomy of the parties, neutrality, finality of awards, confidentiality as well as enforceability, and has been known as a method of resolution since the 1980s. De-spite this, most international disputes are carried out in court, even though companies are aware that a trial is the least beneficial method. In the past, Apple had successfully negotiated patent litigation with several competitors, but initial attempts at Alternative Dispute Resolution have failed in the case of Apple and Samsung. However, it can still be carried next to court to find common ground and identify economic needs and interests that may support court litigation and direct it towards a beneficial outcome for both. In addition, it is advisable to implement an early-stage conflict management model for the future.

More books from GRIN Verlag

Cover of the book Ciceros 'De oratore' by Anonymous
Cover of the book Wandel und Kontinuität von Geschlechteridentitäten / -verhältnissen in der Migration am Beispiel einer muslimischen Frauengruppe und den 'Lifemakers Germany' by Anonymous
Cover of the book Theorien zu US-amerikanischen Jugendgangs by Anonymous
Cover of the book Kann Migration den demographischen Schrumpfungsprozeß in Deutschland aufhalten? Implikationen für die Sozialversicherungssysteme und den Arbeitsmarkt by Anonymous
Cover of the book Die russische Energiewirtschaft by Anonymous
Cover of the book Die Vokalstücke in den 'Capricci a due stromenti' von Bellerofonte Castaldi by Anonymous
Cover of the book Die Blazer-Farben der Angela Merkel by Anonymous
Cover of the book Maßnahmen der Kreditinstitute bei einer anerkannten Bonitätsverschlechterung eines Firmenkunden by Anonymous
Cover of the book Pflege chronischer Erkrankung. Schlaganfall by Anonymous
Cover of the book Sozialraumorientierte Soziale Arbeit an einer Hauptschule im Ruhrgebiet mit besonderer Berücksichtigung von Kooperation zwischen Jugendhilfe & Schule by Anonymous
Cover of the book Pierre-Paul Prud'hon (1758-1823) by Anonymous
Cover of the book The Role of Nature in the Works of Octavia Butler by Anonymous
Cover of the book Warum Mobbing Schule macht - und umgekehrt by Anonymous
Cover of the book Prostitution - ein epochenübergreifendes Phänomen by Anonymous
Cover of the book HIV/AIDS in China - Eine Bestandsaufnahme by Anonymous
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy