Most popular intellectual property disputes in the world

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Here are some examples of arbitrations that were conducted under the intellectual property rules. These cases have been selected while respecting the confidentiality needs of all parties involved.

Software trademark arbitrationAn American software company registered a mark for a communication software in U.S.A. and Canada. A computer hardware manufacturer from another country registered almost the same mark for some Asian countries. Both societies started some legal processes in different jurisdictions related to the registration and use of their marks, each society can stop the use of the other party’s mark in their own jurisdictions and decided that they would both be co-owners of the mark before the World Intellectual Property Organization, the American company started court requests to register its mark in China and they were not given a positive answer in order to avoid confusion because of the similarities with the hardware company’s mark. The American company requested the hardware company to allow them to register the mark, the hardware company said no, an arbitration process began

Medication Patent license ArbitrationA French pharmaceutical company of research and development gave a know-how license and medication patents to another French company. The agreement consisted of an arbitration clause that stated that every unsolved situation would be solved respecting the World Intellectual Property Organization’s regulations; by an arbitration court with three adjudicates according to French law. After the given company refused to pay the license fee, the pharmaceutical company started an arbitration procedure.

Copyright mediation followed by expedited arbitration

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A publishing company celebrated a contract with a web programming company in order to create a new website, the Project was supposed to be finished in a year and it included a clause that stated that any kind of controversy would be mediated according to the World Intellectual Property Organization’s laws and if a solution was not reached in 60 days, the case would go to an expedited arbitration according to the same laws. After 18 months of signing the contract the publishing company was not satisfied with the delivered services of the other company and presented a damages claim. The publishing company requested a mediation in which the parties didn’t reach an agreement but the issues brought to light in the mediation were used are the main issues to deal with in the expedited arbitration that came right after the mediation.

Arbitration of a biotech/pharmaceutical controversyA French biotech company, owner of several procedure’s patents for extraction and purification of compound used for medical purposes, signed a license and development agreement with a big pharmaceutical company. This company had an extended experience in the application and use of the substance object of patent development in the biotech company. Both parties stated a clause in their contract specifying that any dispute or controversy that came from the agreement would be resolved by one adjudicate only who followed every rule in the arbitration regulations mandated by the World Intellectual Property Organization.

Several years after the acceptance of the agreement, the biotech company ended the contract arguing that the pharmaceutical company has deliberately slowed down the development of some biotech compounds. The biotech company presented an arbitration request claiming an abundant amount of money in return for damages

Arbitration of a trademark coexistence disputeA European company had registered a Brand for luxury items in different countries. An Asian manufacturer started to sell products in a similar way under a registered mark. The Asian company presented a legal case and administrative procedure of cancellation in two European countries based on the argument that the European company was not using their mark there. After an appeal to the case, the parties resolved their controversy through the conclusion of an agreement of mark coexistence that included a clause of expedited arbitration under WIPO regulations. When the European company used their mark in a commercial trade fair, the Asian company started the expedited arbitration arguing the violation of the coexistence agreement. After arbitration, the European company was found guilty of the violation mentioned and was forced to pay the Asian company for the damages.

Arbitration of a dispute related to an artist’s promotion.

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A European art gallery signed an agreement of exclusive cooperation with a European artist in order to promote the artist in an international market. The agreement held an arbitration clause from The WIPO and it stated that when needed, the arbitration would be done by 3 adjudicated members. Three years after the agreement celebration, the relationship between the parties started to deteriorate and the artist sent a notice that concluded the agreement, in that moment, the art gallery initiated the arbitration procedure following WIPO regulations.

After a careful study of the parties’ requests, the members of the court considered that there was the possibility to reach an agreement. The agreement included the ending of the cooperation contract and the temporary lending of some of the artist’s work to the art gallery.