Mediation in Intellectual Property and Licensing
Discussion included reference to the Patents Office
initiative on mediation and other similar initiatives: see for example:
·
http://www.ipo.gov.uk/mediationmodel.pdf
In IDA and others and
“Parties to these disputes should realise that, if fully fought, they can be protracted,
very, very expensive and emotionally draining. On top of that, very often
development or exploitation of the invention under dispute will be stultified
by the dead hand of unresolved litigation. That may be the case here: there has
not yet been any exploitation by either side, some 8 years after the original
PCT application. It will often be better to settle early for a smaller share
than you think you are entitled to – a small share of large exploitation is better
than a large share of none or little….This sort of dispute is particularly apt
for early mediation.”
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/145.html