Although cases revolving around the infringement of IP rights usually go to litigation rather than arbitration, cases revolving around contractual IP disputes are now arbitrated more and more frequently.
Whether in ad hoc arbitral proceedings, or proceedings managed by the WIPO or non-specialized institutions, features of arbitration such as confidentiality, expertise of the arbitrators, and easily enforceable awards are beneficial to said disputes. BODENHEIMER handle IP cases before both state courts and arbitral tribunals.
BODENHEIMER Representative Matters as Parties’ Counsel
Advised a German food wholesaler on legal risks arising out of reimporting brand products from Turkey to Germany, under the Ankara Association Agreement and its Additional Protocol
Represented a German publisher in unjust enrichment claims brought before the German state courts by copyright collective VG Wort
Represented a German shipyard in interim relief proceedings against a competitor in a product piracy matter
Represented a German shipyard in design annulment proceedings before the Design Division of the German Patent and Trade Mark Office, brought by a competitor
BODENHEIMER Representative Matters as Arbitrators
Acted as Sole Arbitrator in a DIA arbitration between a Danish manufacturer and seller against a Dutch distributor in the cosmetic industry revolving around claims arising out of contract, distribution, IP, with Danish Law as the governing law and Copenhagen as the place of the arbitration (Dr Rouven F Bodenheimer).
Acted as co-arbitrator in a DIS arbitration between a German state-funded research organisation and a German software developer, revolving around claims arising out of IP and IT laws, with German Law as the governing law and Munich as the place of the arbitration (Axel Benjamin Herzberg)
Acted as Presiding Arbitrator in a DIS arbitration between two German parties, both former members of a partnership of forensic scientist, revolving around claims arising out of competition, corporate and IT laws, with German Law as the governing law and Würzburg as the place of the arbitration (Axel Benjamin Herzberg)
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