Patent Office launches new Mediation Service as an alternative to expensive litigation
On 3 April, the United Kingdom (UK) Patent Office is launching a new mediation service to help companies and individuals involved in intellectual property (IP) disputes.
The initiative is aimed at encouraging more use of alternative dispute resolution in Intellectual Property IP. It will cover the full range of IP rights.
This service is the latest development from the organisation to give rights owners more options for dealing with their IP. The other initiatives have included the non-binding patent opinions service which was introduced in October 2005 as a result of the 2004 Patents Act and the streamlined trade marks opposition procedure.
The Patent Office will be setting up several measures to facilitate the use of mediation. First of all, the organisation will be raising awareness of the service by providing guidance notes on its website and producing a range of new literature to encourage parties to engage in mediation before they reach the litigation stage.
Secondly, if cases have already proceeded to litigation, the Office will encourage Hearing Officers to assess hearing requests to determine whether cases could be better dealt with through mediation. Where they find suitable cases they will take a pro-active role in highlighting the opportunity of mediation to the parties.
The third and most significant aspect comes in the form of the Office's new Mediation Service team. A group of staff with IP hearings experience has received mediation training and accreditation at the Centre for Effective Dispute Resolution (CEDR). They will be available to mediate at either The Patent Office’s London or Newport offices and can deal with disputes referred from Office hearings or the courts, or simply from parties who have decided to mediate independently. Alternatively The Patent Office will be offering accommodation at its offices for other mediators to handle IP related disputes to further encourage take-up of this legal option.
It is intended that these various initiatives will open up affordable enforcement options to IP rights holders and thereby improve the utility of and benefits obtained from those rights.
The suitability of dealing with patent disputes through alternative dispute resolution was recently highlighted by the Court of Appeal. Under the title "Mediation best way to settle patent disputes", The Times on 31 March 2006 reported Lord Justice Jacob as saying, in the patent entitlement case of IDA Ltd and Others v Southampton University and Others, that "that sort of dispute was particularly apt for early mediation".
Chief Executive of The Patent Office Ron Marchant says:
"The mediation service is another step forward as the Office evolves its services to comprehensively meet customer needs now and into the future by providing choice and flexibility."
Judge Fysh QC, the Patents County Court judge says:
"This initiative from The Patent Office is consistent with changes being made by the Courts to encourage willing parties away from expensive litigation. I wish it every success."
Phillip Harris, Trade Mark Attorney with Gill Jennings and Every, and President of the Institute of Trade Mark Attorneys welcomes The Patent Office initiative:
"Mediation has to be the way forward in the future for solving a lot of intellectual property disputes; The Patent Office's initiative is one which will benefit a wide range of consumer and commercial interests."
Michael Harrison, Patent Attorney with Harrison Goddard Foote and President of the Chartered Institute of Patent Agents says:
"This new service from The Patent Office is one which will raise the profile of mediation as a means of settling disputes in the IP field and offer a very real and practical alternative to costly litigation."
