UK Intellectual Property Office—mediation scheme
UK Intellectual Property Office—mediation scheme

The following IP practice note provides comprehensive and up to date legal information covering:

  • UK Intellectual Property Office—mediation scheme
  • Advantages and disadvantages
  • The mediation process
  • General procedure
  • Settlement agreements and consent orders
  • Settlement agreements
  • Consent orders
  • Mediation at the IPO
  • Costs
  • 1 January 2020—mediation in the EU and in England and Wales

IP litigation can be costly and can put an enormous strain on a business' financial and human resources. Following the introduction of the Civil Procedure Rules (CPR) in 1998, parties have increasingly been encouraged by the CPR to seek to resolve disputes without commencing litigation and to consider alternative dispute resolution (ADR) alongside the more traditional types of action, such as court proceedings or administrative actions, when seeking to resolve IP disputes. ADR usually means a more informal approach to resolving disputes than court action and includes negotiation, conciliation, adjudication, expert evaluation, expert determination, arbitration and mediation.

The precise form of the ADR process depends on agreement of the parties, so there is immense scope for variation and for tailoring the procedure to the particular circumstances of the dispute.

The UK Intellectual Property Office (IPO) offers a mediation service aimed at dealing with IP disputes such as those relating to copyright, design rights, patents, trade marks and registered designs. Details of the service are outlined in further detail below.

The Centre for Effective Dispute Resolution (CEDR) also offers mediation services geared towards IP disputes. Court-stipulated mediations are administered via the Ministry of Justice's National Mediation Helpline. The National Mediation Helpline is operated on behalf of the Ministry of Justice in conjunction with the Civil Mediation Council.

Mediators do not as a matter of course give a decision

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