Intellectual Property Mediation

Mediation is a procedure that allows disputes to be settled and a solution agreed upon by both parties to be reached outside the court, through a third party – a qualified and neutral mediator who does not have decision-making authority regarding the chosen solution. If the parties reach an agreement in the mediation process, the agreement can be submitted to the court in order for it to be valid as a judgment and it can be enforced.
Intellectual property mediation covers a very wide range of conflicts and disputes regarding copyrights, patent infringements, trademarks, models and designs, plagiarism, theft of reputation, infringement of trade secrets, commercialization of intellectual property and more.

What are the advantages of mediation in intellectual property?
Mediation is a short, fast and usually cheaper procedure than the legal litigation route, so in disputes over lower amounts, it may be the most effective procedure. But above all, the greatest advantage of intellectual property mediation is the great flexibility it gives to both parties and the possibility to reach on their own, any solution that is acceptable to them, in a way that will maximize the benefit of both, without being dependent on the court order and the judge’s decision, which sometimes is not favorable to either party.

Beyond these advantages, in the field of intellectual property, the mediation process has other significant advantages:

Confidentiality – all information provided in the mediation process, including trade secrets, details of work methods and more – is protected by confidentiality which protects the intellectual property of the parties involved.
Discretion – the mediation procedure prevents possible damage to the business reputation of the parties involved, including, due to the fact that they are involved in the conflict, since the procedure is conducted discreetly and without public disclosure.
Voluntary – the mediation procedure is a voluntary procedure, conducted with the consent of both parties, and at no stage of it are the parties obligated to disclose information that, in their opinion, may endanger them or harm their business and commercial activities.
Maintaining good relations – as a process that eliminates the need for legal discussions that could escalate the hostility, mediation helps the parties to maintain a good atmosphere and normal working relations, also down the road.

Intellectual property mediation – what are the stages of the process?
In the first stage, the mediator meets with the parties and after he hears their comments, he determines whether the issue is indeed suitable for settlement in a mediation process. If there is a match, in the next step, the mediator will usually meet with each party separately in order to allow him to express his claims and wishes, freely, without the other party being present. After hearing both sides, the mediator will meet again with both of them together, present to each side, the position of the other side, and together they will try to reach solutions agreed upon by both. After reaching the agreements, the mediator, or the parties themselves, will put them in writing, in a detailed manner, and if necessary – submit the agreement for approval by the court and granting the validity of a judgment.

How to choose an intellectual property bridge?
Intellectual property mediation is a very complex field that requires legal, scientific, technological and commercial understanding, and in-depth and specific expertise. That is why it is important that the mediator has in-depth knowledge and many years of experience in all the topics and issues related to him. Also, since the field of intellectual property is very dynamic and deals, among other things, with technological innovation that is constantly updated, it is also very important that the mediator be knowledgeable and up-to-date on all changes in the law and the latest rulings received.

As a leading intellectual property law firm and qualified mediators in the field, the Dr. Mark Frediman firm has a high level of expertise and proven experience of more than 30 years in representing more than 8,000 clients in Israel and around the world, in all areas of intellectual property, in the implementation of intellectual property protection strategies, accompanying transactions Investment, partnerships, mergers and acquisitions, formulating agreements, conducting due diligence and evaluating intellectual property assets. The firm’s staff has extensive and diverse knowledge in the worlds of technological and scientific content, in-depth commercial understanding and high skill in managing negotiations, managing commercial mediation procedures and representation before all courts legality. These capabilities are the basis of our successes in managing numerous and complex mediation procedures which resulted in the resolution of business disputes very quickly and efficiently, to the satisfaction of all parties involved.

So if you are the owners of startup companies, entrepreneurs and inventors, we will be happy to accompany you as business partners and assist you in resolving disputes in the field of intellectual property and in particular Internet law, which require a creative solution outside the walls of a court.

*The aforementioned in this article and on the website in general should not be considered as legal advice and the things written in it should not be considered as a substitute for individual legal advice, but a personal opinion and/or a general explanation only. Of course, you should not rely on and/or act in accordance with the above without individual legal advice from an attorney

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