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Journal of Intellectual Property Law & Practice Advance Access published online on March 29, 2006
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpl039
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Practice Point

Mediation of Intellectual Property disputes

Q. C. Mary Vitoria 1
1 Mary Vitoria, QC is the Editor of Reports of Patent Cases (RPC) and Fleet Street Reports (FSR). She practises as a barrister and as a mediator at 8 New Square, Lincoln's Inn


  Abstract

Legal and practical context Mediation can bring real benefits in avoiding protracted and costly IP litigation and is suitable for most IP disputes except where a matter of principle, such as construction of patent claims, requires resolution.

Key points Mediation may be used at any time to resolve a dispute. The courts can give robust encouragement by means of costs sanctions and ADR orders but cannot compel the use of mediation. The Proceeds of Crime Act 2002 may apply to some mediated settlements, particularly those involving trade mark and copyright infringement disputes.

Practical significance The courts and the Patent Office are actively seeking ways to encourage mediation of IP disputes and the Patent Office has announced the setting up of a mediation scheme.


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