What to Mediate

Types of IP Disputes That Are Suitable For Mediation

Patents

  • Infringement
  • Licensing and royalties
  • Technology development and commercialization contracts
  • Inventorship, entitlement and ownership

Trademarks

  • Infringement, passing off and depreciation of goodwill
  • Oppositions
  • Non-use proceedings
  • Licensing and royalties
  • Franchise
  • Domain names

Copyright

  • Infringement of copyright and violation of moral rights
  • Licensing and royalties
  • Authorship and ownership
  • Development and licensing of software, mobile apps, or websites

Industrial Designs

  • Infringement
  • Licensing
  • Ownership

Trade Secrets and Confidential Information

  • Misappropriation or infringement
  • Licensing
  • Ownershi

Types of Disputes That May Not be Suitable for Mediation

  • Counterfeiting, “piracy” and similar types of infringement
  • A party is seeking injunctive relief.
  • A party is seeking a declaration, order or other remedy against a government authority (e.g. to grant or invalidate an IP right).
  • A party is seeking a legal precedent (e.g. to use against other competitors).
  • A party is seeking publicity.
  • Summary judgment is quickly and efficiently available.
  • One or both parties are not interested in settlement.
  • The parties have “principled” differences.
  • Significant facts are not (yet) known by one party or the other.