Mediation in Intellectual Property Disputes
Mediation In Intellectual
Property Disputes
23
rd
September, 2015
Some Usual Questions
•
What is the ‘Property’ to be protected ?
•
Who has the right to exploit ?
•
Is the IP right implied by law or created by
contract ?
•
How do the consequences pan out in different
jurisdictions of: (1) an order; (2) a settlement ?
•
How best can who CREATE Value & CLAIM it?
Vagaries of Life
•
Every person has a certain life-span.
•
Every thing has a certain life-force.
•
Every jurisdiction has it peculiarities.
•
Every idea is only potentially valuable.
•
Evert creation is useful only in a context.
•
Every dispute is a creation of perspectives.
•
Every resolution is borne of creative
perspectives.
The Purpose of Mediation
•
The paramount, if not the sole, purpose of
Mediation in Intellectual Property disputes is to
achieve a SUSTAINABLE end result which:
- CREATES
- CLAIMS
&
- EXPLOITS
OPTIMUM VALUE
for the Maximum Time and People
The Charm of Mediation
•
When contrasted with a formal, adversarial
process requiring some sort of adjudication, a
collaborative process conducted with the
assistance of a trained neutral affords parties
the opportunity to get into a joint problem-
solving mode which transcends all the
constraints of a formal process, to explore and
achieve creative outcomes far beyond the
‘four corners of the law’.
Delve into the world of mediation in intellectual property disputes, where the focus is on creating, claiming, and exploiting optimum value for sustainable outcomes. Discover how this collaborative process offers parties a chance to transcend constraints and achieve creative solutions beyond traditional legal boundaries.
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Presentation Transcript
Mediation In Intellectual Property Disputes 23rdSeptember, 2015
Some Usual Questions What is the Property to be protected ? Who has the right to exploit ? Is the IP right implied by law or created by contract ? How do the consequences pan out in different jurisdictions of: (1) an order; (2) a settlement ? How best can who CREATE Value & CLAIM it?
Vagaries of Life Every person has a certain life-span. Every thing has a certain life-force. Every jurisdiction has it peculiarities. Every idea is only potentially valuable. Evert creation is useful only in a context. Every dispute is a creation of perspectives. Every resolution is borne of creative perspectives.
The Purpose of Mediation The paramount, if not the sole, purpose of Mediation in Intellectual Property disputes is to achieve a SUSTAINABLE end result which: - CREATES - CLAIMS & - EXPLOITS OPTIMUM VALUE for the Maximum Time and People
The Charm of Mediation When contrasted with a formal, adversarial process requiring some sort of adjudication, a collaborative process conducted with the assistance of a trained neutral affords parties the opportunity to get into a joint problem- solving mode which transcends all the constraints of a formal process, to explore and achieve creative outcomes far beyond the four corners of the law .
