Overview

About this book: Mediation: Creating Value in International Intellectual Property Disputes offers readers key information, incentives and tips to make an informed decision on the use of mediation in the IP area. Mediation is a risk management tool that can significantly mitigate inherent litigation risks, leaving companies free to concentrate on the core business of developing markets for their products and services. If and when disputes arise, mediation provides the means to handle them confidentially and thus keeps them out of the public domain. This book is the first work of its type devoted to the practical A to Z of IP mediation. Disputes about IP rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. What's in this book: With numerous case study examples demonstrating the kind of challenges that arise, and how they can be met, a team of internationally recognized mediators and IP experts offers an in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: disputes on trademarks, designs, patents, copyrights and other IP rights; allegations of breach of contract; licences and transfers; and R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services used to settle IP disputes. This book also includes a discussion on the roles of the mediator, the parties and the lawyers, and how they can properly prepare themselves to maximize the benefits of mediation. How this will help you: This book shows how mediation offers a dispute resolution process at a human level, where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them. Its practical approach will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees, introducing them to the new possibilities that mediation offers and how they can best avail themselves of those opportunities.

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Th ophile Margellos is an accredited mediator at both Chartered Institute of Arbitrators (CIArb) and Centre for Effective Dispute Resolution (CEDR) and is Head of the EUIPO Mediation team. He is also a member of CIArb European Branch Committee. He currently holds the post of President of the Boards of Appeal of the European Union Intellectual Property Office. He has also served as Chairperson of the First (Trade Marks) and Third (Designs) Boards of Appeal. He studied Law at the Universities of Athens, Greece, Strasbourg, France and Freiburg i. Br., Germany. He has successively worked as attorney at law specialized in IP and as referendaire in the EU Court of Justice (Luxembourg) and has been a member of the legal service of the European Commission and European Patent Attorney. He was also a member of the Standing Advisory Committee of the European Patent Office (SACEPO) as well as professor of Law at the Jules Verne University in Amiens, France. Sophia Bonne is Team Leader of the IP Policy and Guidelines team at the International Cooperation and Legal Affairs Department of the EUIPO where she is in charge of defining policy in trademark and design matters. She is also a litigator before the Court of Justice of the EU. She is qualified as a mediator with the Chartered Institute of Arbitrators and is included in the list of EUIPO mediators in proceedings before the Boards of Appeal. She has extensive experience in the IP area including representing the position of the EUIPO before WIPO and before the European Council. She has been a member of the Boards of Appeal of the Community Plant Variety Office in Angers, France. Before joining the EUIPO, she was an attorney at law at a leading international law firm in Brussels. She holds degrees in Law from the universities of Namur, Leuven, Ferrara and was awarded with a DAAD scholarship for German Legal Studies. She has published various articles and has been a speaker at several events in the field of IP. Gordon Humphreys is qualified as a mediator with the Chartered Institute of Arbitrators (CIArb) and is a member of the EUIPO Boards of Appeal Mediation Service. He is also a member of the mediation subcommittee of the CIArb. He is chairman of the Fifth Board of Appeal. Prior to joining the Boards of Appeal in 2005, he was the head of the EUIPO Register Service. He joined the Legal Department of the EUIPO in 1997, having been in private practice in Luxembourg. He holds degrees in Law from the universities of Buckingham, United Kingdom, Cardiff and Li ge as well as qualified as a barrister of England and Wales and a Belgian avocet. He regularly publishes and speaks at conferences on trademark and designs matters.

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