ADR techniques, such as mediation and arbitration, are available in Armenia, although not commonly used. This may be because court proceedings in Armenia are, in general, much less costly than in developed countries.

Practically all trademark disputes, except for criminal and administrative cases, can be arbitrated. Arbitration is usually based on an arbitration clause contained in an earlier contract, such as a license or distribution agreement. Without such a pre-existing contractual relationship, the infringer is sued in the ordinary court.

An arbitral award is enforceable as a judicial decision as long as it has been declared enforceable by a court.

Benefits of arbitration include confidentiality, flexibility, shorter duration of proceedings and greater control over the law to be applied and the selection of neutrals. In addition, arbitration is better suited for multi-jurisdictional disputes.

The drawback is that costs are incurred in relation to the payment of the arbitrators, the venue and other expenses. Also, ordinary courts may be in a better position to order preliminary measures in case of urgency. Appeals are limited from arbitration awards.

By | 2014-08-23T11:50:26+04:00 January 6th, 2014|Trademarks|Comments Off on ADR techniques in trademark disputes

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