Intellectual Property Mediation Services | Law&Trust International

IP MEDIATION AS A LEGAL FORM FOR RESOLVING AN INTELLECTUAL PROPERTY DISPUTE

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.
One of the advantages of mediation as a form of conflict resolution is that both parties are not permitted to make use of the pieces of information said during the session if the case were to eventually get to court. Moreover, the mediator does not make a decision – He/She only tries to reach an agreement between both parties, which will allow the parties to resolve the issue and continue further cooperation.

WHY LAW & TRUST INTERNATIONAL?

Law and Trust International provides the following services: Mediation services for parties involved in any dispute (including pre-mediation and post-mediation sessions);
Intellectual property disputes; Copyright conflict resolution services;
Dispute resolutions for products and/or services in the IT sphere and other fields.

KEY BENEFITS OF LEGAL SERVICES OFFERED BY LAW AND TRUST INTERNATIONAL

Преимущества нашей юридической экспертизы-1

Experience and qualifications. The experience of the L&T International team is more than 15 years. It gives the opportunity for working with cases in many business areas like finance, IT, agriculture, trade and foreign economic activity. Thanks to this experience, our specialists always offer the best selection of services.

Преимущества нашей юридической экспертизы-1

 

Comprehensive approach and individual solutions. Law and Trust International always provides a vast range of services for our clients, taking into account the individual characteristics of each particular case. Due to this symbiosis, our specialists always fulfil all the wishes of clients in full and taking into account the requests and preferences of customers.

Преимущества нашей юридической экспертизы-1

Monitoring and innovation.Our team keeps tracking the newest and most advanced working methods, as well as the latest legislative, financial and economic information events around the world. It allows lawyers of Law and Trust International to quickly and creatively resolve virtually any issues in the field of legal consulting.

Преимущества нашей юридической экспертизы-1

 

Privacy and responsibility. The security of our customers' data and respond to them are particularly important in the work of Law and Trust International. For all the time of work, we have not had a single leak of commercial, personal or legal information. It allows us to develop, grow and achieve new opportunities.

Преимущества нашей юридической экспертизы-1

Reputation and result. A team of lawyers of Law and Trust International always welcomes the success of our clients. Reaching new results, we develop new skills that we successfully use in our work. Thanks to successful cases, our clients and our team, we are creating qualitatively new opportunities to achieve the desired result now.

Our clients

Our team

Svetlana Artemenko
Legal Adviser
Vladyslava Volianyk
Junior Legal Counsel
Annie Lingerman
Senior Lawyer
Ekaterina Bogatova
Lawyer
Aleksander Shushin
Lawyer
Victoria Zhelezova
Branch Director, HR
Read more
Anastasia Alexeeva
Paralegal
Dariia Grib
Legal secretaries & Receptionists
Read more