Mediation

Mediation is a structured process by which the parties to a dispute attempt to reach an agreement with the help of a neutral third party, the mediator. Unlike arbitration, the mediator does not decide. The mediator facilitates the negotiation. In intellectual property, mediation is particularly suited to disputes between business partners, licensees and licensors, or between companies called to coexist on the same market.

The legal framework of mediation

In France, conventional mediation and court-ordered mediation are governed by the Code of Civil Procedure. The judge may propose mediation at any stage of the proceedings, with the agreement of the parties. The confidentiality of the exchanges is guaranteed by law, which is essential where trade secrets or technical data are at stake. At the European level, the Agreement on a Unified Patent Court creates a patent mediation and arbitration centre, with seats in Ljubljana and Lisbon, presented on the website of the Unified Patent Court.

The advantages of mediation in patent disputes

First, mediation makes it possible to negotiate solutions that a court cannot order, such as a cross licence, a non-aggression clause or a territorial distribution of markets. Second, it preserves the business relationship and reduces costs compared with multi-jurisdictional litigation. Third, it offers control over the calendar and the outcome. It however presupposes a genuine willingness on both sides. Faced with a bad faith infringer, court action and provisional measures remain the indispensable prerequisite.

Key points

In practice, mediation can be considered at every stage of the dispute, before the writ, after a saisie-contrefaçon or during the proceedings. The firm assists its clients in these negotiations and acts in the amicable procedures described on the page arbitration and mediation in patent matters.