MEDIATION IN INTELLECTUAL PROPERTY DISPUTES

ALTERNATE DISPUTE RESOLUTION RESOLVES FIGHT BETWEEN TWO OR MORE BUSINESS ENTITIES

The present day discourse on the need to evolve Alternative Dispute Resolution mechanisms tends to focus upon the large, and almost unmanageable, the docket of litigation before the courts.


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Commercial Co-founder Mediation technique is the need of the hour

THERE IS NEED TO RESOLVE INTELLECTUAL PROPERTY DISPUTES IN SMALL TIME FRAME TO OBVIATE BIG MISTAKES WHICH MIGHT HAMPER FUTURE GROWTH OF ANY BUSINESS

As per section 89 of the Code of Civil Procedure, where it appears to the Court that there exist elements hinting towards a peaceful settlement mutually acceptable to the parties, the Court shall formulate the terms of the settlement and give them to the parties for their perusal and on the receipt of the response of the parties, the Court may reformulate the terms of a possible settlement and send for reference for:-

  • Arbitration;
  • Conciliation;
  • a judicial settlement including settlement through Lok Adalat

However, there has been a difficulty in understanding due to the obscure meaning stated of judicial settlement and mediation in subsection c and d, respectively, of Section 89 of the Code of Civil Procedure.

MEDIATION

R.V. Raveendran, J in the case of Afcons Infrastructure Ltd. and Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. and Ors referred to

Mediation as a technique to form a non-binding dispute resolution with the assistance of a neutral third party who tries to help the disputing parties to arrive at a negotiated settlement. It is also known as ‘conciliation.’

Mediation, in simpler words, is a procedure to settle disputes in a collective setting of the mediator and the disputed parties along with their respective counsel within four walls to bring both parties to terms with each other.

They have been broadly defined in FOUR 4 parts:-

  • delay;
  • expense;
  • the rigidity of procedures; and
  • a reduction in the participatory role of parties.                                                          

With the increasing burden on the law courts of dealing with the whopping number of cases, mediation is the key to ward off long and lengthy procedure.

The above fact is applicable in all cases including the intellectual property disputes, also.

You have to grow from the inside out. None can teach you, none can make you spiritual. There is no other teacher but your own soul.
Swami Vivekananda

SUCCESS MANTRA

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Our team at TCIS, India consists of experienced professional patent researchers, patent strategists, law experts and mediators who are experts and have experience in performing more than 2200+ patent searches in all technological domains.

Our technological THINKING GEEKS experts provide their assistance to gain a clear perspective over technical as well as market difficulties that Your PATENT may face while launching and entering into a country. 

We at TCIS, India have a well renowned team of Lawyers of Delhi/ NCR who have vast experience of more than 12++ years.  We at TCIS, India have inspiring and tireless mediators who have successfully completed mediation in disputes related to co-founder disputes, company disputes, mediation is website ownership, trademark infringement, commercial disputes, patent infringement, intellectual property disputes, disputes in corporate sectors and trademark commercial disputes.

We at TCIS, India BELIEVE mediation is a voluntary and a non-coercive form of conflict management, wich is highly practical within the intricate dynamics of international relations, dominated by the principles of preservation of actors, independence and haptonomy.

Footnotes: [1] “WORLD TRADE ORGANIZATION” (WTO | intellectual property (TRIPS) – what are intellectual property rights?) Definition of Intellectual Property Rights

[2] “WORLD TRADE ORGANIZATION” (WTO | intellectual property (TRIPS) – frequently-asked questions) Categories of IP Rights

Patents | Intellectual Property India

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