The panelists spoke about WIPO arbitration. If parties in a dispute do not agree on the substantive law, WIPO arbitration has procedures for rules. If parties contemplate litigating in the US or EU, there is a cost savings by going to arbitration. WIPO has rules on fees. The parties can have expedited arbitration with fixed fees.
Arbitration decisions are enforced easier for international disputes than litigation. Once the parties get an award, there is an international convention, where the only defense to enforcement is due process. As long as there is due process, the parties can enforce the award. Injunctive relief is also available.
As opposed to litigation, the parties would need to register judgments in other counties in order reach the assets of parties in other countries.
WIPO offers mediation. Mediation may help resolve business deals when there are different cultures involved. WIPO awards are confidential. The parties may vary arbitration by agreement by writing their own terms on discovery, allow commenting on draft awards before final awards.
University research and developments are funded by pharmaceutical and commercial businesses that are unlikely to fund projects without exclusive licenses. The panelists spoke about intellectual property disputes with John Hopkins University as an example.
There were not many questions on the talk. After the meeting, the group went to Straits Cafe in Palo Alto for small dishes, a three course meal, complete with dessert and cappuchino. For those who do not know Straits Cafe, it is famous for its fusion cuisine and has restaurants in San Jose, San Francisco as well.
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