NewserviceprovidedbytheUKIntellectualPropertyOffice(IPO

1、New service provided by the UK Intellectual Property Office (IPO): mediation for effective IP dispute resolution.Peter BackDivisional DirectorUK Intellectual Property OfficeMediationWhats it all about?AndWhy are we doing it?Whats it all about?What is mediation?How does it differ from litigation?A di

2、fferent directionLitigation/arbitration looks backwardsMediation looks tothe futureInterests v PositionsLitigation/arbitration is based on the parties positionsMediation focuses on the parties interestsWhat about privacy?Litigation is generally public Mediation is confidentialSo is arbitrationWho is

3、 in control?Litigation - the judgeArbitration - the arbitratorMediation -More creativeA judge must follow rulesMediation opens the door to new and imaginative solutionsSpeed and costMediation is fast and cheapLitigation is slow and expensiveSummaryMediation . looks to the future, not the past goes t

4、o the heart of the problem is private and confidential leaves you in control of the outcome offers creative, individual solutions is cheaper and faster than litigationUK Intellectual Property OfficeWhy are we doing it?OriginsWoolf Reforms (Overriding Objective)What we say Tribunal Practice Notice 1/

5、2000“Office will routinely ask parties whether they have considered ADR and, where appropriate, will provide them with information about ADR. The Office will be prepared to stay proceedings in those cases where ADR is being used or seriously considered.”But we were not doing thisOriginsAbout 60% of

6、the inter-partes patent disputes before the IPO are entitlement issues and are therefore issues where mediation may be appropriate.So, what did we do?Talked to interested partiesSeminar in LondonMeeting of interests in June 2005Patent AttorneysTrade Mark AttorneysMediation providersGovernment Depart

7、mentsProminent IP JudgesAnd othersGeneral consensusMore use should be made of Mediation in IP disputesNot easy to do thisLack of central source of information and guidanceNeed for easy access to mediatorsNeed for neutral venueGeneral consensusThe IPO is well placed to facilitate mediation in IP disp

8、utes by:Providing a venueProviding administrative supportProviding access to a list of mediatorsProviding its own mediatorsA couple of dissenting voicesSo, what have we done?The UK IPO Mediation Service was launched in April of2006Four of us have received mediation training from CEDR and are accreditedFull details are available on our web site.uk/p-mediation.htmThe service so farIs now being used on a regular basis7 or 8 times a yearMost reach settlementSatisfied customers“May I just reiterate my thanks to you and Steve for a superb job yesterday