What options are available to settle intellectual property disputes in your jurisdiction?

Intellectual Property

Singapore Small Flag Singapore

Arbitration and mediation are available subject to parties' consent or an agreement to submit their dispute to such procedures. Mediation is available at the World Intellectual Property Organization Arbitration and Mediation Centre ("WIPO Centre"), Singapore Mediation Centre, and Singapore International Mediation Centre. Both the WIPO Centre and the SMC have specialist IP panels of mediators.

For patent disputes, the WIPO Centre also offers expert determination, which is subject to parties' consent.

France Small Flag France

Pursuant to civil proceedings rules, parties willing to settle a dispute in Intellectual Property can:

  • enter into a private settlement agreement providing that the parties withdraw their action and waive any claim in relation with the disputed facts (Articles 2044 et sequitur – French Civil Code (CC));
  • initiate a mediation or conciliation procedure involving the assistance of a third party and, optionally, the recognition by the judge of the agreement then reached by the parties (CPC Articles 127 et sequitur).

Portugal Small Flag Portugal

R: Court Proceedings, arbitration, mediation and other alternative settlement of disputes mechanisms.

India Small Flag India

Mediation and arbitration are the methods that may be used for settling intellectual property disputes in India. Moreover, out of court negotiations and settlement are also common in India which included co-existence agreement etc.

Greece Small Flag Greece

Parties may settle IP disputes out of court, even while proceedings are pending. The settlement agreement may also be submitted to the court, thereby gaining the status of a court order.

The freedom of the parties is restricted in criminal proceedings pertaining to ex officio prosecuted offenses (notably copyright infringement), but the criminal court will, in practice, consider a settlement agreement in deciding the case.

Japan Small Flag Japan

See 17. Parties may seek settlements to disputes in these procedures.

Mexico Small Flag Mexico

Arbitration and Mediation.

China Small Flag China

Disputes may be settled via mediation using a mediation agreement. Parties may submit the mediation agreement to court to obtain a mediation award. The mediation award is enforceable.

United Kingdom Small Flag United Kingdom

Claims may be settled at any time, whether before, during or after commencing proceedings. Some claims are even settled during the trial of the case.

Settlement requires the consideration of a number of factors, such as: whether the alleged infringer will be licensed and allowed to continue the allegedly infringing activity; whether a royalty or licence fee will be paid; whether there will be any payment in respect of the past activities of the alleged infringer; and whether there will be any payment in respect of legal costs incurred by the parties. Once agreed, the terms of the settlement are usually recorded in a settlement agreement. The settlement could also form part of a broader commercial agreement.

If proceedings have been commenced, the parties will have to dispose of the proceedings by agreeing a court Order. The Order will record that the Claimant has discontinued the proceedings or that the proceedings have been dismissed with the consent of the parties. The settlement agreement itself can remain separate from the court Order, and confidential.

South Africa Small Flag South Africa

Patents and Designs
An action or application may be settled at any time before or during the trial/hearing by agreement between the parties.

Plant Breeders’ Rights
A dispute may be settled at any time before or during trial by agreement between the parties.

Trade Marks and Copyright
A dispute may be settled at any time before or during trial by agreement between the parties.

UAE Small Flag UAE

The parties can come to a mutual settlement. The parties could also consider using mediation, such as the Mediation Centre, or the Dubai Chamber's Mediation services, or arbitration services through the Abu Dhabi Global Market.

Dubai's first dedicated business mediation centre launched on May 16, 2016.

Updated: June 27, 2017