Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.

Intellectual Property

Singapore Small Flag Singapore

There are no mandatory options or mechanisms.

France Small Flag France

Pursuant to the CPC article 56, unless otherwise justified by the urgency or the issue at stake, the claimant must specify in the writ of summons the actions undertaken to amicably resolve the dispute.

In the absence of any attempt to reach an amicable solution, the judge may suggest to the parties to initiate a conciliation or mediation procedure.

Portugal Small Flag Portugal

R: Yes, in what regards to reference medicines/generic medicines IP rights disputes, it is mandatory that the first stage of litigation takes place in mandatory arbitration proceedings.

India Small Flag India

There are no mandatory non-court enforcement or dispute resolution mechanisms mandatory in respect of intellectual property disputes, unless the contractual relationship between the parties mandates any specific form of non-court dispute mechanism.

Greece Small Flag Greece

No. For voluntary non-court enforcement options please refer to Q. 17 above.

Japan Small Flag Japan

No.

Mexico Small Flag Mexico

No mandatory mechanism of such nature is available in Mexico. All of them are only optional for the parties.

China Small Flag China

Administrative enforcement is available as explained at question 17 above.

United Kingdom Small Flag United Kingdom

In the UK, the Civil Procedure Rules, require litigants to engage in the "Pre-Action Protocol". Under this protocol, the Claimant should provide details of the claim and the basis on which it is made, the facts of the case and details of what the Claimant is seeking, and the Defendant should confirm whether the claim is accepted and, if not, why not.

The purpose of this pre-action engagement is for the parties to exchange information to enable them to understand each other's position, make decisions about how to proceed and try to resolve the issue without having to commence proceedings. As part of this, the parties should also consider Alternative Dispute Resolution.

If a Claimant does not comply with the Pre-Action Protocol, it must inform the court that it has not done so and the Defendant may have additional time to file its Defence. There may also be cost consequences for the Claimant at the end of the case, when the court determines responsibility for legal costs.

South Africa Small Flag South Africa

Patents and Designs
Alternative dispute resolution or arbitration may be used but is not mandatory.

Plant Breeders’ Rights
Alternative dispute resolution or arbitration may be used but is not mandatory.

Trade Marks and Copyright
Alternative dispute resolution or arbitration may be used but is not mandatory.

UAE Small Flag UAE

Administrative enforcement actions are available as outlined above.

All disputes between employers and employees must first be referred to the Ministry of Labour for settlement.

Updated: June 27, 2017