oa Juta's Business Law - Arbitration and mediation in trade-mark disputes



The concept 'alternative dispute resolution' (ADR) is understood to refer to (among other things) negotiation, mediation, and arbitration. The various advantages of ADR over conventional litigation include the fact that it is usually cheaper, quicker, more confidential, and, perhaps most importantly, enables the parties to choose an expert in the field. Yet, even though enabling legislation in the form of the Arbitration Act 42 of 1965 has been in place for decades, the resolution of intellectual property disputes by way of ADR has not taken place on an appreciable scale in South Africa.


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