InterMEDIATE Dispute Management Pty Ltd Intellectual Property (IP) mediation, conciliation and arbitration, provides our clients who have creations of the mind: inventions, literary and artistic works, symbols, names images and designs used in commerce, a way of resolving their differences in an efficient and effective process. Our specialist IP mediators, conciliators and arbitrators are registered World Intellectual Property Organisation (WIPO) panel neutrals - mediators, who assist parties with Intellectual Property IP disputes to negotiate settlements that they can live with and arbitrators who review and consider the parties' statement from their lawyers. Arbitrators will hand down their legally enforceable decision, without appeal, to end the dispute.
There are traditionally two categories of Intellectual Property (IP) Mediation and Industrial Property (IP) arbitration: Industrial Property (IP), which includes inventions, patents, trademarks, industrial designs, geographic indications of source. The other is Copyright, which includes literary and artistic works such as novels, poems, plays, films, musical works, artistic works such as drawings, paintings, photographs, sculptures and architectural designs.
We assist parties to resolve their disputes related to Copyright that include those of performing artists in their porformances, producers of CDs, and those of broadcasters in radio and television programs.
Intellectual Property Mediation in a BRW article, a business analyst concluded, "The 6 key factors of success of Australia's top performing companies are Focus, Positioning, Outsourcing, Global competition, Leadership and Intellectual Property."
A very satisfied Client from the IT industry reflects upon the whole proceedings afterwards: "The mediation produced enormous savings in legal fees; the supplier's costs were less than one third of what it would have cost just to prepare the defence document if the dispute had litigated. While there is little doubt that, if litigated, this dispute would have been settled, it would have taken another 18 months to reach the same point. With the supplier's day rates for consulting and senior project staff being more than $1,500 per day, litigation would have represented a considerable waste of effort and loss of potential revenue. "
InterMEDIATE Dispute Management Pty Ltd were aware that before the dispute, the parties were barely on speaking terms. The mediation helped to re-establish the failed relationship. Maybe the biggest benefit was that the mediation helped to clarify issues a lot faster than litigation, enabling both parties to make a sensible assessment of their legal and commercial risks. Even if the mediation had not produced a settlement, it still would have been regarded as a success for this reason alone.
Intellectual Property (IP) Mediation or Intellectual Property (IP) Arbitration, which is better for your dispute? Worldwide, Intellectual Property (IP) Mediation has an average 80% success rate in parties reaching agreement that they can live with. Intellectual Property (IP) Arbitration is a private court. An imposed decision which can realisically only ever satisfy 50% of parties, however, as in any situation (including court) when people feel they are forced to comply, decisions are often not popular with either party.