Patents: CPR Launches New Arbitration Rules (Web)

The CPR Institute for Dispute Resolution recently published the new Patent Mediation Deskbook and the CPR Rules for Non-Administered Arbitration of Patent and Trade Secret Disputes.

Faster, Easier Dispute Resolution

Patent and trade secrets disputes are some of the most expensive, long-drawn out, and carry the highest risk of any legal conflict. In order to address this burning issue, early in 2005 CPR published a mediation roadmap: Patent Mediation Deskbook: Better Solutions for Business.

For those disputes that cannot be resolved through mediation, CPR has just published its new CPR Rules for Non-Administered Arbitration of Patent and Trade Secret Disputes, advocating non-administered arbitration, which, if followed, will go a long way towards easier and faster resolutions.

Along with the Arbitration Rules themselves, CPR has included a model multi-step dispute resolution clause that provides a process of negotiation, mediation, and
ultimately, arbitration. The Rules also include Commentary explaining the background and effect of the Rules. These Rules:

• Specify time limits for certain phases of the process.
• Require the Tribunal to establish time limits for other phases and to enforce these time limits, subject to extension for good cause.
• Parties adopting these Rules consider it a fundamental condition of their agreement to arbitrate, rather than litigate, and that the proceeding be conducted in this manner.