Resolution of IP Disputes through Mediation.
Mediation as a concept is meant to resolve any dispute to facilitate the meeting of the mind of the parties involved in the case. The application of this means in disputes revolving around intellectual property rights is significantly efficient and reduces the chances of rising in disputes because both parties essentially come to terms that are mutually agreed upon.
What is Mediation?
- Before agreeing to Mediation as a means of dispute resolution, it is essential to note that mediation and the agreements that arise out of it are non-binding universally and only binding on the parties of the case, meaning solid precedents cannot be set utilising a single case & the procedure followed within
- It is a confidential means of dispute resolution, ensuring utmost clandestineness regarding the subject matter of dispute and the terms being negotiated by the parties.
- Mediation stands out among the other forms of ADR, especially because agreeing to settle via mediation automatically means that the parties have a deeper-seated interest in the case, which encourages dialogue for the resolution, to the point where parties are clear about their terms and needs and can urge the party to either comply or meet in the middle.
Intellectual Property Rights & Mediation.
People worldwide end up being the creative minds behind some of the most well-known and used inventions or art pieces, be it musical or theatrical or artistic. To protect the rights of such creative minds, the concept of intellectual property right has been introduced.
More often than not, collaborations of domestic and international nature may take place, which ends up becoming an additional feature to any potential dispute that may arise in the future. Today, our country is equipped to handle cases involving any infringement of intellectual property rights, given how far mediation has progressed.
- Commercial copyright issues that do not involve many intricacies on the technological front can be solved through mediation.
- Patent related disputes are the most favourable to be solved by the mechanism of mediation since in contrary to court procedures where patent cases usually take up at least a good portion of half a year for resolution, the employment of mediation for dispute resolution cuts down the resolution time by almost 50%. It improves flexibility in terms of the time of the parties involved.
In our country, the main issues that come before the courts of law deal with parties requesting a temporary injunction. This has been looked down upon by the judiciary. Through various judgements, such as the Bawa Masala Co. vs Bawa Masala Co. Pvt. Ltd. and Anr, the court has recommended solving these disputes as per the provisions of s.89 of the Code of Civil Procedure, which mentions the use of ADR for dispute resolution.
Now that ADR as a whole is becoming popular for dispute resolution, mediation is something that the courts almost always recommend before allowing the case to move to trial, it is gaining traction in use by parties as well as recommendations by the legal authorities, and the biggest takeaway is that although it may not act as the final resolution, it is a means to an end for justice.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.