49 Stan. L. Rev. 917 (1996-1997)
Arbitrating in the Alps Rather Than Litigating in Los Angeles: The Advantages of International Intellectual Property-Specific Alternative Dispute Resolution

handle is hein.journals/stflr49 and id is 927 raw text is: Arbitrating in the Alps Rather Than
Litigating in Los Angeles: The
Advantages of International
Intellectual Property-Specific
Alternative Dispute Resolution
Julia A. Martin*
Despite a general consensus that alternative dispute resolution (ADR)
has many advantages over litigation, such as time and cost savings, many
practitioners still resort to the court system to resolve their disputes. When
clients have an international intellectual property dispute, the court system im-
poses particular burdens on the litigants, including a need to litigate in numer-
ous countries, a lack of judicial technical sophistication, and a lack of
adequate confidentiality safeguards. In this note, Julia Martin argues that
parties should first resort to ADR rather than litigation to resolve their inter-
national intellectual property disputes. If the administering institution is truly
international and experienced in intellectual property, ADR may overcome
many of the difficulties parties face litigating their international intellectual
property dispute in the courts. Ms. Martin argues that the World Intellectual
Property Organization (WIPO) Arbitration and Mediation Center meets
these criteria, and practitioners should consider using it to resolve their inter-
national intellectual property disputes.
INTRODUCTION
Allison, the CEO of Biotech Startup, Inc. (B.S. ), based in Sunnyvale, Cal-
ifornia, approaches Bart, her attorney in Silicon Valley, with a problem. Al-
lison thinks that Roach, a large pharmaceutical company based in Switzerland,
has been independently exploiting a new biotechnology-based drug that pro-
longs the life of AIDS patients, even though she divulged the drug's composi-
tion and manufacturing process to Roach as part of a joint venture agreement.
Allison explains to Bart that according to the terms of the agreement, B.S. was
to exploit the drug with Roach's help and B.S. and Roach were then to divide
the profits.
* B.S., Stanford University, 1992. Third-year student, Stanford Law School. I would like to
thank Professor Paul Goldstein for his teaching and mentoring and Director Francis Gurry of the WIPO
Arbitration and Mediation Center for his assistance and generosity. Finally, I would like to thank Robert
Schulze, Laura Bradford, and Deborah Eudene for their patient editing.

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