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Home > Country profiles > Kenya > Articles > Article detail

The option of mediation in intellectual property row

Wednesday, 6th December 2018

"Enforcement of intellectual property rights (IPS) is an important aspect for holders to attain maximum gain out of the ownership.

One cannot file a dispute unless they hold a valid IPR. For example, one cannot purport to file a trademark infringement case against a third party if they have not had the trademark registered.

Many global corporate giants have an active intellectual property litigation strategy to enable the corporate attain and maintain a competitive edge. This means that the corporate will litigate against third parties when the subject involves their IPRs. In so doing, these corporates are able to defend their market position globally.

I would want to highlight alternative dispute resolution ( ADR) as a part of the dispute resolution mechanisms that IPR holders can pursue. ADR includes arbitration and mediation as some of the tools of dispute-resolution. The use of ADR has been encouraged and I would like to highlight its possible usage in resolving IP related disputes."

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Language: English
Contact: Cathy Mputhia

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