22 January 2025

Intellectual Property Mediation

The Mediation, ..., which helps parties reach an amicable, voluntary, and mutually acceptable solution, thus resolving intellectual property disputes without resorting to lengthy and costly judicial or administrative proceedings.

Features

  • Volunteer Mediation is based on the mutual consent of the parties, who can end it at any time.
  • Confidential The discussions and agreements arising from mediation are strictly confidential, unlike a public court case.
  • Neutral The mediator is impartial and does not have the power to settle the dispute. They facilitate dialogue and help the parties identify their respective interests.
  • Flexible The parties are free to define the framework and terms of the mediation.

Example: Application to Patent Law

  1. Disputes over validity or infringement
    • A patent holder and a third party accused of infringement can use mediation to negotiate solutions, such as a cPatent licence agreement or a Change in the contested product/process.
  2. FRAND licensing negotiations
    • In the event of disputes regarding the terms of licences FRAND (Fair, reasonable, and non-discriminatory), mediation can allow parties to agree on Royalties equitable and on the extent of rights.
  3. Cross-border disputes
    • In multi-jurisdictional disputes (European or international patents), mediation offers a comprehensive and swift solution, avoiding fragmented litigation across multiple countries.

Advantages

  • Reduction of Costs and some Deadlines.
  • Maintaining business relationships (especially in disputes between partners).
  • Confidentiality, essential in technical or financial patent disputes.
  • Flexibility, as parties may include commercial, technical or financial aspects in their discussions.

Examples of organisations offering Mediation

Author : Dhenne Avocats.