Alternative Dispute Resolution (II) Arbitration vs Mediation

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Arbitration

The dispute is settled by one or more arbitrators who render a binding decision (arbitration award). The final outcome is binding on both parties and enforceable in courts.

Mediation

A neutral IP specialist (mediator) helps the parties settle their dispute based on their needs and interests.

 

Alternative Dispute Resolution vs Litigation when solving IP conflicts in Latin America

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Alternative Dispute Resolution (ADR) What is it and what is it for?

ADR is a private way of solving conflicts that may arise in the course of trade between partners or competitors.

ADR mechanisms allow the parties to effectively solve intellectual property disputes and they may play a part in the in-court litigation process (such as in Argentina).

IP mediation on trade marks

LaGalguita is a Spanish SME that sells its own line of cosmetics: make-up, skincare, hand creams and body creams. After its success in Spain, Portugal and Italy, the brand decided to target Latin America, starting with Argentina and Mexico. For that purpose, the SME filed for trade mark registration in both countries.

Copyright Infringement in Mexico (II)

Iguana Ltd. is a UK-based communication agency that was willing to renew the corporate identity of Guanajuates, a client in Mexico. As a first step, they decided to redesign the company’s logo of the Mexican enterprise.

Tired of unsuccessful, time consuming exchange of drafts that largely exceeded what was budgeted, the CEO ordered the graphic designer of the European SME to stop spending additional time on the design, as it would be impossible to charge the customer for it.

Franchise protection in Colombia

Esprimere, an Italian coffee shop, has registered their trade mark ‘PronTissimo’ (word mark) and their logo (figurative mark) with their national IP office. The company contacted local IP lawyers from Mexico, Venezuela and Colombia, since they are planning to expand to these three countries. Consequently, they applied for the registration of both trade marks in all three countries.

IP clauses in contracts

Uniseliz, SARL, a French SME focused on the importation of alcoholic beverages, signed an international sales agreement with a Cuban export company. The Cuban company agreed on selling a large number of “Sierra Madre” rum bottles. The trade mark of this rum was registered in the European Union as a European trade mark and had a great reputation among rum connoisseurs since it is considered one of the best Cuban rums.