RESOLVING INTELLECTUAL PROPERTY DISPUTES THROUGH MEDIATION

TYPES OF DISPUTES AND ISSUES THAT MAY BE SUITABLE FOR MEDIATION

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  • Patents
    • Patent infringement
    • Patent licensing
    • Technology development or commercialization contracts
    • Patent entitlement
    • Inventorship
  • Trade-marks
    • Trade-mark infringement, passing off and depreciation of goodwill
    • Trade-mark oppositions
    • Trade-mark non-use proceedings
    • Trade-mark license
    • Franchise
    • Domain name disputes
  • Copyright
    • Infringement of copyright and violation of moral rights
    • Copyright licensing
    • Authorship and ownership of copyright protected works, development or commercialization of software, etc.
  • Industrial Designs
    • Industrial design infringement
    • Industrial design licensing
    • Industrial design ownership


TYPES OF IP DISPUTES THAT MAY NOT BE SUITABLE FOR MEDIATION

  • Injunctive relief is needed or sought by a party.
  • A legal precedent is being sought (i.e. the issue is not simply a dispute between the parties, for example, one party wants to use a decision against other competitors).
  • Publicity is sought by at least one of the parties.
  • Summary judgment is quickly and efficiently available.
  • One or both parties are not interested in settlement.
  • The parties have "principled" differences.
  • Significant facts behind the dispute are not (yet) known by one party or the other.

RECENT UPDATE

IP Neutrals of Canada congratulates Justice Michael Manson on his recent appointment to the Federal Court of Canada, Trial Division. Justice Manson is a founding member of IP Neutrals of Canada, and his insights and dedication to the advancement of ADR have been invaluable.

IP Neutrals also is pleased to announce that Steven Z. Raber of Fillmore Riley LLP, Winnipeg, has been appointed as a member of IP Neutrals of Canada.

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