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.
IP Neutrals of Canada 