Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
New service provided by the UK Intellectual Property Office (IPO): mediation for effective IP
dispute resolution.
Peter Back
Divisional Director
UK Intellectual Property Office
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Mediation
What’s it all about?
And
Why are we doing it?
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
What’s it all about?
• What is mediation?
• How does it differ from litigation?
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
A different direction
Litigation/arbitration looks backwards
Mediation looks tothe future
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Interests v PositionsLitigation/arbitration is based on the parties’
positions
Mediation focuses on the parties’
interests
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
What about privacy?
Litigation is [generally] public
Mediation is confidential
[So is arbitration]
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Who is in control?Litigation - the judgeArbitration - the arbitrator
Mediation -
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
More creative
A judge must follow rules
Mediation opens the door to new and
imaginative solutions
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Speed and cost
Mediation is fast and cheap
Litigation is slow and expensive
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
SummaryMediation ....
… looks to the future, not the past… goes to 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 litigation
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
UK Intellectual Property Office
Why are we doing it?
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Origins
Woolf Reforms (Overriding Objective)
What we say … Tribunal Practice Notice 1/2000“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 this
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
OriginsAbout 60% of 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 parties
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Seminar in London
Meeting of interests in June 2005Patent AttorneysTrade Mark AttorneysMediation providersGovernment DepartmentsProminent IP JudgesAnd others
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
General consensusMore use should be made of Mediation in IP disputes
Not easy to do this
Lack of central source of information and guidance
Need for easy access to mediators
Need for neutral venue
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
General consensusThe IPO is well placed to facilitate mediation in IP disputes by:
Providing a venue
Providing administrative support
Providing access to a list of mediators
Providing its own mediators
A couple of dissenting voices
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
So, what have we done?The UK IPO Mediation Service was launched in April of2006
Four of us have received mediation training from CEDR and are accredited
Full details are available on our web site
http://www.ipo.gov.uk/p-mediation.htm
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
The service so far
• Is now being used on a regular basis
• 7 or 8 times a year
• Most reach settlement
• Satisfied customers• “May I just reiterate my thanks to you and Steve for a
superb job yesterday. I know that you both worked very hard behind the scenes. It was professional, thoughtful and deeply impressive” – patent attorney
Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk
Questions?