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This is one of the most popular alternative resolution methods used in the field of intellectual property. Mediation is a process for parties that place a premium on the preservation or enhancement of their relationship, seek to maintain control over the dispute settlement process, value confidentiality, or want to reach a speedy settlement without damage to their reputation. The mediator can be appointed by agreement between both parties.
The mediation process as a form of conflict resolution helps resolve disputes without going to court. Participating in mediation can save time, reduce litigation costs and expenses for both parties.
Participation in mediation with regards to resolving conflicts on intellectual property (the process of optimizing mediation for intellectual property law), is voluntary for both parties. It is important for both parties to find a compromise when resolving the existing problem, and not mindlessly take their stand. So, if either one of the parties is not ready to make any concessions, the mediation procedure itself becomes completely meaningless.
When referring to a mediator, he will assess whether he has sufficient competence in the subject matter of the dispute and whether this category of disputes is subject to mediation (for example, public law cases such as tax evasion or crime can never be mediated). After accepting the discussion, the mediator assigns a session with a time and place suitable for all participants. A session can last for about 3-4 hours.
Mediation can be used as part of a broader dispute resolution process, which may include litigation.
WHAT IS MEDIATION IN THE PROCESS OF CONFLICT NEGOTIATIONS
As earlier mentioned, the mediator should be sufficiently competent in the issue on which a dispute arose between the parties and should strive to help both parties resolve disputes and reach a mutually agreed solution.
For example, if between two companies, there is a controversial situation related to the violation of intellectual property rights, it is logical to assume the mediator himself must understand the rights of intellectual property.
INTELLECTUAL PROPERTY MEDIATION EXAMPLE
Parties of legal relations associated with the various uses of intellectual property often share the goals as mentioned above. Mediation in the resolution of intellectual property disputes may occur:
List:
- Use of patents;
- Use of know-how (i.e. production secrets);
- Use of trademarks (or means of individualization);
- Legal relations under franchise agreements;
- Legal affairs under contracts for the distribution of any product;
- Legal matters under employment contracts related to intellectual property;
- Legal relations on mergers and acquisitions, in cases where assets in the form of intellectual property become important, etc.
