Mediation in Intellectual Property Disputes: Achieving Sustainable Solutions
Explore the purpose and charm of mediation in intellectual property disputes, aiming to create, claim, and exploit optimal value while transcending formal processes. Discover the vagaries of life and the key questions surrounding IP rights and dispute resolution across different jurisdictions.
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Presentation Transcript
Mediation In Intellectual Property Disputes 23rdSeptember, 2015
Some Usual Questions What is the Property to be protected ? Who has the right to exploit ? Is the IP right implied by law or created by contract ? How do the consequences pan out in different jurisdictions of: (1) an order; (2) a settlement ? How best can who CREATE Value & CLAIM it?
Vagaries of Life Every person has a certain life-span. Every thing has a certain life-force. Every jurisdiction has it peculiarities. Every idea is only potentially valuable. Evert creation is useful only in a context. Every dispute is a creation of perspectives. Every resolution is borne of creative perspectives.
The Purpose of Mediation The paramount, if not the sole, purpose of Mediation in Intellectual Property disputes is to achieve a SUSTAINABLE end result which: - CREATES - CLAIMS & - EXPLOITS OPTIMUM VALUE for the Maximum Time and People
The Charm of Mediation When contrasted with a formal, adversarial process requiring some sort of adjudication, a collaborative process conducted with the assistance of a trained neutral affords parties the opportunity to get into a joint problem- solving mode which transcends all the constraints of a formal process, to explore and achieve creative outcomes far beyond the four corners of the law .
