n Without Prejudice - Arbitrating intellectual property disputes : arbitration




For a number of reasons, disputes about intellectual property are rarely put to arbitration. Generally, this is because an interdict is sought against alleged infringing conduct or, because revocation of a registered patent, trade mark or design is at stake. In the former case, the high court (including the Commissioner of Patents - in effect, the North Gauteng High Court) is the forum with jurisdiction to grant the interdict; in the latter cases, various intellectual property statutes designate the tribunal of the relevant Registrar, or the Commissioner, as the seat of proceedings.


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