It has been officially launched the EUIPO’s ground-breaking Mediation Centre. The Mediation Centre will provide alternative dispute resolution (ADR) services for intellectual property disputes free of charge. “The establishment of Mediation Centre is a major step in supporting citizens and businesses in managing their intellectual property rights effectively and helping avoid expensive, unpredictable litigation processes when disputes arise. With 42 % of EU trade mark applications coming from non-EU companies, cross-border disputes have become more and more common, highlighting the need for global and cost-effective dispute resolution services.
The Mediation Centre offers a range of ADR services, including mediation, conciliation and expert determination. These services are available to all parties involved in inter partes proceedings before the EUIPO at second instance.
Additionally, SMEs may request ADR for first instance proceedings (oppositions, cancellations and invalidities). This service will be gradually extended to all users in a phased approach during 2024 and 2025.
All services are delivered by experienced, multilingual mediators and case managers, who offer users a wide choice of languages for greater convenience in negotiations. An online ADR platform has been created to enhance accessibility, allowing mediators and parties to interact virtually in a secure and confidential environment and ensuring convenience for all parties involved in the dispute resolution process.
Advantages of Mediation
The Mediation Centre will support parties to resolve a wide range of disputes in a single process, effectively avoiding the expense and complexity of litigation. Additionally, ADR tools offered aim to facilitate swift and efficient global settlements. Other advantages include flexibility, confidentiality and the option to Involve IP experts as evaluative mediators. This shall be especially beneficial for small businesses, making dispute resolution more affordable, especially in cross-border cases.
The Mediation Centre aims to provide complementary, voluntary, confidential and accessible dispute resolution options to users so they can choose the most appropriate path in the event of an IP dispute.