Alternative Dispute Resolution (ADR) proceedings offer several advantages for the resolution of intellectual property disputes. Expert determination, specifically, is especially suitable where it is necessary to determine issues of a technical, scientific or related business nature. Examples of matters that may benefit from expert determination include:
- the valuation of an intellectual property asset or the establishment of royalty rates;
- the interpretation of the claims of a patent;
- the extent of the rights that are covered by a license.
The expert’s involvement is based on party agreement. Depending on their choice, the expert’s determination may be binding or may have effect as a recommendation. By comparison, arbitration is a procedure which normally consists of a more structured legal process, frequently covers a broader scope of dispute, and results in a final and enforceable arbitral award.