IP arbitration disputes typically involve technology transfer or license agreements and research and development contracts, but can also involve stand-alone agreements to resolve on-going or future intellectual property disputes.
Rouse has significant experience in handling IP related arbitrations acting for and advising Claimants and Respondents in cases involving alleged misuse of technology (which often requires determining if a patent is infringed and/or valid), failure to properly transfer technology, enforcement of license agreements and breaches of franchise agreements. The global head of our dispute resolution practice, Douglas Clark, has been appointed an arbitrator in a number of patent related and high technology cases.
Our teams across all our offices in addition to having strong experience in all areas of IP are able to handle all matters bilingually in English and the local language. This allows us to review and advise on documents in their original language and assist in understanding linguistic and cultural nuances.
Our litigation teams can also act to apply for interim relief, bring related proceedings that fall outside the scope of an arbitration agreement and assist in the enforcement of any award.
Rouse has been instructed in a number of cases as co-counsel with firms who do not have a presence in the jurisdictions we practice or who wish to work with a firm with specialist intellectual property capabilities.
Examples of some recent cases where Rouse has acted are:
- Acting for the Respondent as in a very large contract claim relating to trade secrets and patent rights alleged to have been licensed as part of a contract manufacturing arrangement for certain parts of mobile telecommunications devices in Mainland China;
- Acting as counsel in an ICC Paris Arbitration case - Osram against Sylvania;
- Acting for the Claimant in a dispute relating to termination of a franchise in Taiwan;
- Advising potential Claimant in relation to alleged breach of technology transfer agreement related to medical test devices utilising biotechnology; and
- Sitting as sole arbitrator in claim for breach of technology transfer agreement and alleged misuse of trade secrets and patented technology relating to mobile phone camera lenses covered by US, Chinese and European patent.