Enhancing the IP system through Dispute System Design

Seun Lari-Williams, Stefan Rutten and Esther van Zimmeren

Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 6, 377-391

Abstract: The effectiveness of the IP system hinges on effective enforcement, including alternative dispute resolution processes, such as mediation and arbitration. In turn, the effectiveness of the dispute resolution processes used for IP disputes hinges on the overarching system in which they are embedded—a comprehensive structure known as dispute system design (DSD).Most literature on IP dispute resolution focuses on encouraging the use of one or more dispute resolution methods, or on comparing the strengths and weaknesses of these methods. This article seeks to adopt a more systematic approach to dispute resolution, assessing the relationship between IP and DSD. Using the DSD analytic framework, it describes and analyses IP dispute systems, including specialized IP courts, small claims courts and dispute systems set up by IP offices, universities and collective management organizations.We suggest strategies from the DSD theory for designing and improving IP dispute resolution, taking these various contexts into account. Among other things, we argue that challenges such as the underutilization of ADR mechanisms for IP dispute resolution stem from design flaws in IP dispute resolution systems. Finally, we call for a DSD analysis of IP dispute resolution systems and for the integration of DSD principles into these systems

Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jiplp/jpaf005 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jiplap:v:20:y:2025:i:6:p:377-391.

Access Statistics for this article

Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider

More articles in Journal of Intellectual Property Law and Practice from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().