ADR을 통한 지식재산권분쟁 해결방안에 관한 연구

Purpose : This paper is to provide SMEs with strategic options, which are set in thecontext of the framework of interests, rights, and relationship between the disputeparties, for the resolution of IPR disputes by ADR. Research design, data, methodology : To find out the practical implications ofutilizing ADR to settle IPR disputes for managing ADR strategically, this paper mainlyexplored and analyzed published literature in IPR disputes. Results : According to the results from this research, ADR offers many distinctadvantages, such as cost and time efficiency, expertise, confidentiality, preservinglong-term relationship, internationality and so on. The disputants of SMEs can, therefore,effectively settle IPR disputes by strategic option of negotiation, mediation and arbitration. Conclusions : This paper suggests the following strategic option to resolve IPRdisputes. Firstly, it is better for parties to negotiate a solution before taking legal actionin the courts under situation of mutual supplement relation. Secondly, mediation allowsopposing parties to talk about their dispute and, hopefully, come to an agreementwithout the need for a court hearing. The mediator’s job is not to reach a decision onthe dispute, but to help the parties work out possible solutions to it. Lastly, the partiescan save money and time and obtain a consistent result by arbitrating a multinationalIP dispute in a single dispute resolution process.