Using trademarks, design rights and copyright to protect innovation In this chapter, Partner Gregor Kleinknecht, discusses the role of branding and design, arguing that they are key to turning innovation into marketable and commercially successful products. As the importance of brand rights have increased in the global economy, Gregor notes that brand protection challenges and…
We advocate all forms of alternative dispute resolution for our clients which we believe have a firm place in the dispute resolution landscape and merit consideration in all circumstances.
Arbitration has long been and continues to be regarded as the preferred method for resolving international commercial disputes. Our lawyers are familiar with practically all of the leading international, regional and national arbitral institutions, such as the ICC, LCIA, ICC, AAA and DIS. We are equally experienced with organising and conducting ad hoc arbitration proceedings, whether under the UNCITRAL arbitration rules or national arbitration laws.
We advise and represent clients in all aspects of arbitration, from the drafting of arbitration agreements to representation in arbitration proceedings world-wide. In addition, we frequently provide assistance to parties to foreign arbitration proceedings, ranging from the obtaining of evidence or interim protective measures from the English courts, to the recognition and enforcement of arbitral awards.
Our lawyers also have experience of sitting as arbitrators and accept appointments through leading UK and international arbitration and mediation institutions as well as independently.
Mediation has proven to be a fast and effective means of avoiding lengthy and costly litigation proceedings and of achieving results in an astonishing number of even the most complex and intractable cases. Mediation will frequently form part of the litigation and arbitration process but there is no need for pending formal proceedings for a mediation to take place.
We will advise you when mediation is appropriate and an effective weapon in your armoury – and when it is not. If we take a dispute to mediation, we will prepare the matter so as to place you in the strongest possible negotiating position, prepare and present your statements and submissions, and will conduct the mediation meeting with you with the aim of bringing it to a successful conclusion. This will include advice on the terms of the settlement agreement and, where necessary, follow-up action to monitor and ensure that the terms of the settlement agreement are implemented and fulfilled.
We work with the leading ADR institutions but have also organised and conducted independent mediations. Some of our lawyers are accredited mediators with organisations such as ADR Group and Art Resolve and accept appointments to act as mediator nationally and internationally.