Intellectual Property Mediation

Mediation is a process that allows resolving disputes and reaching a mutually agreed upon solution outside of the court, through a third party – a qualified and neutral mediator who does not have the authority to decide the chosen solution. If the parties reach an agreement during the mediation process, the agreement can be submitted to the court to be granted the status of a court ruling and be enforced.

Intellectual property mediation covers a very wide range of disputes and disagreements regarding copyrights, patent infringements, trademarks, designs, passing off, misappropriation of goodwill, breach of trade secrets, commercialization of intellectual property, and more.

What are the advantages of IP mediation?

Mediation is a shorter, faster and generally less expensive process compared to legal litigation, and therefore for disputes over lower sums, it may be the most effective procedure. But above all, the greatest advantage of intellectual property mediation is the substantial flexibility it provides to the two parties, and the ability to reach a solution that is acceptable to both of them, in a way that maximizes the benefit for both, without being dependent on the rules of procedure and the judge’s decision, which sometimes does not benefit either party.

Beyond these advantages, intellectual property mediation has significant additional benefits:

Confidentiality – All information provided during the mediation process, including trade secrets, details of work methods, etc. – is protected by confidentiality that protects the intellectual property of the parties involved.

Discretion – The mediation process prevents potential damage to the business reputation of the parties involved, including due to the mere fact of being involved in a dispute, as the process is conducted discreetly and without public exposure.

Voluntariness – The mediation process is voluntary, conducted with the consent of both parties, and at no stage are the parties required to disclose information that, in their opinion, could endanger them or harm their business and commercial activities.

Maintaining good relationships – As a process that eliminates the need for legal proceedings that could escalate hostility, mediation helps the parties maintain a good atmosphere and proper working relationships even going forward.

What are the stages of the IP mediation process?

In the first stage, the mediator meets with the parties and after hearing their statements, determines whether the issue is indeed suitable for resolution through a mediation process. If there is a match, in the next stage, the mediator will usually meet with each party separately to allow them to freely express their claims and desires without the other party present. After hearing both parties, the mediator will meet with them together again, present each party’s position to the other, and together they will try to reach mutually agreed upon solutions. After reaching an agreement, the mediator, or the parties themselves, will put the details in writing, and if necessary – submit the agreement to the court for approval and issuance of a court ruling.

How to choose an IP mediator?

Intellectual property mediation is a highly complex field that requires legal, scientific, technological and commercial understanding, as well as deep and specific expertise. It is therefore important that the mediator have in-depth knowledge and many years of experience in all the topics and issues related to it. Additionally, as 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 for the mediator to be well-versed and up-to-date on all the changes in the law and the latest court rulings.

As a leading intellectual property law firm and certified mediators in the field, the team at Dr. Mark Friedman has high expertise and proven extensive experience of over 30 years in representing over 8,000 clients in Israel and worldwide, in all areas of intellectual property, implementing intellectual property protection strategies, supporting in investment transactions, partnerships, mergers and acquisitions, drafting agreements, conducting due diligence and evaluating intellectual property assets. The firm’s team has extensive and diverse expertise in technological and scientific domains, deep commercial understanding, and high proficiency in negotiation management, commercial mediation proceedings, and representation before all legal instances. These capabilities are the foundation for our success in managing numerous and complex mediation proceedings that have led to the rapid and efficient resolution of business disputes, to the satisfaction of all involved parties.

So if you are startup company owners, entrepreneurs and inventors, we will be happy to serve as your business partners and assist you in resolving disputes in the field of intellectual property, particularly Internet law, requiring a creative solution outside the courtroom.

The information in this article and on this website should not be considered legal advice, and the written statements should not be seen as a substitute for personalized legal advice, but rather as a personal opinion and/or general explanation only. Of course, one should not rely on or act according to the above without obtaining personalized legal advice from an attorney.

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