Arbitration of patent disputes

The NSW Supreme Court recently considered the extent to which matters concerning patents are arbitrable.  In Larkden Pty Limited v Lloyd Energy Systems Pty Limited, Justice Hammerschlag held that there was no impediment to the parties agreeing that the particular dispute in question, relating to the rights in and entitlement to a patent application or invention, was to be resolved by way of arbitration.  His Honour did however note that some IP disputes, such as a dispute about whether or not a patent or trade mark should be granted, are not suitable for arbitration.
Click here to go to Mallesons’ alert on the decision, prepared by Jason Clapham from our international arbitration team.

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