I'll See You in Court...?

Serena Lim was quoted in the Asia IP article "I'll See You in Court...?".

In this article, Serena discusses the Hong Kong Arbitration (Amendment) Bill coming into effect on Jan 1, 2018. She shares that “given the lack of an IP list or a specialist IP Court in Hong Kong, parties may be persuaded to arbitrate by the possibility to have their disputes adjudicated by persons with an appropriate legal background and the right technical expertise.”

On the question of whether arbitration cases will increase following the clarification, Serena states that “while the amendments may encourage more parties to include arbitration clauses in their IP agreements, we may not see an increase in the number of IP arbitration cases until those new agreements fall into dispute." Further, she believes that "some licensors may prefer to exclude certain aspects of IPRs, such as validity, from standard arbitration clauses to make sure that if validity is ever challenged by a licensee, this will be strenuously defended with the assistance of proper discovery and extensive evidence, including expert evidence in court.”

She also observes that some IP owners “prefer litigation over arbitration for ease of enforcement–one can enforce a court decision immediately upon default by the defendant – particularly if it is a single jurisdiction dispute and there is no issue of having to enforce the decision in another jurisdiction."

Click here to read the article.

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