Types of Intellectual Property Disputes referred to Arbitration In Hong Kong
In Hong Kong, parties can use arbitration to resolve any type of dispute over any intellectual property right. Examples :
a) Disputes over the enforceability, validity, ownership, scope, duration or any other aspect of an intellectual property right e.g trade mark irrespective of whether the mark is registered or subsisted in other jurisdiction or database right or copyright of website contents or utility model patent etc.
b) Disputes over any transaction in respect of an intellectual property right
c) Disputes over any compensation payable for an intellectual property right
d) Even if the disputes resolution clause in the agreement did not provide for such arrangement or the relevant IP legislation does not mention the resolution of disputes by arbitration, parties can still subsequently agree to use arbitration to settle their IP disputes
Main Advantages of using Arbitration to Resolve IP disputes in Hong Kong
(1) Autonomy or flexibility
Parties can agree on:
a) The scope and extent of IP disputes to be referred to arbitration
b) The procedures and rules of the arbitral proceedings
c) The remedies and reliefs which the arbitral tribunal may award
d) Even if the IP disputes involve multiple jurisdictions, parties can save costs and time by resolving the disputes by arbitration in a single forum instead of starting and conducting legal proceedings in each jurisdiction separately.
e) Parties can choose an arbitrator or arbitrators with expertise in the subject matter of the IP dispute.
Arbitral proceedings and arbitral awards are confidential unless the parties agree otherwise (i.e. they agree the proceedings or award to be disclosed in the public domain), and subject to statutory exceptions.
Parties can enforce their arbitral award obtained in Hong Kong with the award enforcement mechanism under the New York Convention (which provides for reciprocal enforcement of arbitral awards in all contracting states) and Hong Kong SAR’s respective arrangements with Mainland China and the Macao SAR.
For legal advice or services on trade mark infringement or defence to trade mark infringement claim, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: firstname.lastname@example.org]
The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.