IP Mediation Conference

Alicante, 30-31 May 2019

The EUIPO Boards of Appeal, together with the EUIPO Academy and the International Cooperation and Legal Affairs Department of EUIPO, are organising the second IP Mediation Conference, which will be held on 30-31 May 2019.

The conference takes place in EUIPO’s headquarters in Alicante, Spain. Leading experts from national and international institutions, academia and from EUIPO itself will gather to address a wide range of topics in the field of intellectual property mediation.

Mediation is a growing trend in intellectual property, and an increasingly sought-after method of dispute resolution. Through panel discussions, audience interaction and real-world examples of IP mediation in practice, the conference will explore the benefits and added value of mediation for all parties.

Highlights of the conference include:

The added value of mediation: bringing together mediation experts as well as owners of different-sized companies (from industry to micro-
enterprises), speakers will shed light on how mediation unfolds for all parties through concrete examples.

IP mediation trends and practices around the globe:  focusing on mediation trends for patents and trade marks, this session analyses practices
in countries such as the UK, the Baltic States, Singapore and China. International organisation-led mediation at EUIPO and WIPO will also be
explored, as will mandatory mediation rules coming into force in the Philippines as and from 2019.

Judicial IP mediation: with mediation now becoming integrated in many national judicial systems both inside and outside the EU, this session
focuses on how legislation increasingly tends to incorporate judicial mediation court systems across Europe. The example of the Unified Patent
Court (UPC) Arbitration and Mediation Centre will be studied.

Artificial Intelligence and mediation:  an in-depth look at how AI has developed over recent years, and is becoming a useful tool in supporting and
facilitating the mediation process.

Intervention and influencing skills in IP disputes: the Centre for Effective Dispute Resolution (CEDR) will provide insight on how to approach
mediation and what skills to use to influence the case effectively and appropriately, through audience interaction.

Hybrid mediation techniques: through a panel discussion, this session will explore combined ADR forms, like med-arb, arb-med, coaching and
pre-consulting, among other practices.

The language of the conference is English, but translation into French and Spanish will be provided. An attendance certificate will be available
for those who request it.

We inform you that, in accordance with the provisions of Regulation (EU) 2018/1725, and as announced in the privacy statement previously provided to attendees, we will proceed to make photos and videos of the event and this
multimedia material is likely to be used on the Intranet of the Office (INSITE) and in the different external communication channels of the EUIPO.

If any stakeholder does not wish to be filmed or photographed, please inform the organisers to allow them to take this into account when filming and taking photographs.

Thank you very much for your collaboration.

For more details on the conference and to register, visit the IP Mediation Conference registration page.

Register here

Topic Concepts

 

1st Session: The added value of mediation – Truths and lies about mediation ShowHide

Topic 1: SMEs in difficulty
A case study of infringement, bullying, resilience and survival.
Products created by SMEs are often targeted by counterfeiters in the belief they will have neither the resources nor knowledge to fight back. This is the story of how one SME used registered IP to fight for survival and won - against online counterfeits and high street retailers and of how that knowledge is now empowering others. The beneficial impact of resolving similar disputes through mediation is also analysed

Topic 2: Mediating disputes involving SMEs
Mediating disputes involving SMEs is a concrete alternative to the implementation of the fundamental right of access to civil justice. This topic concept will be developed through a case study taking an anonymous form in order to respect the international and European principle of confdentiality of the mediation proceedings. The role of the mediator, the parties, the expert (if any), the Mediation Centre and the Case Manager in the early evaluation of and dealing with the dispute. The use of the new technology of communication in cross-border mediation.The value of a preliminary informational meeting to agree fees and timing for the mediation. The facilitative approach vs the Mediator proposal. The psychological skills of the Mediator and the parties’representatives. Appealing the enforcement of the mediation settlements in the European Union member states.

Topic 3: A start-up’s experience in helping other SMEs through the mediation process
IP rights negotiations between SMEs and larger firms or public companies can lead to hard and anxiety-provoking situations, for numerous reasons (misunderstanding of each party’s way of working, lack of knowledge regarding IP laws, etc.). An IP-specialized start-up, knowing the modes of operation of all structures, can help parties, through the mediation process, to understand each other, thus leading to a profitable conclusion for both parties.

Topic 4: A multinational company’s view on the value of IP mediation
Multinational companies utilize ADR in varying degrees and more specifcally mediation. The session will give a multinational company’s view on the value of IP mediation; Nestlé’s approach tomediation in the context of IP disputes will also be provided, along with a high-level view of ourexperience in recent years from a cultural, legal and procedural perspective.

Topic 5: Mediation and design issues – micro and SMEs
Micro and SMEs increasingly find litigation too costly and time consuming and so UK-based membership organisation Anti Copying in Design (ACID) has created a three-hour timed IP mediation model without lawyers. Often, what appears on the surface to be an IP dispute is not about the finer points of the law but a commercially led argument between two competitive companies. An experienced IP mediator can immediately recognise any impasse and is trained to broker an agreement acceptable to both. The key to this scheme working is that both sides agree to ADR.

Topic 6: Settlement or bust – getting to lasting solutions: Do you need to enforce?
In the vast majority of mediations, enforceability is not an issue. However, what happens if a party, after signing a settlement agreement, fails, or is unable, to meet its obligations? To address this concern, at its 73rd session on 20 December 2018, the UN General Assembly passed a resolution to adopt the UN Convention on International Settlements Resulting from Mediation. This Convention will make it easier for businesses to enforce international mediated settlements. Will this be the next game changer for international dispute resolution?

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2nd Session: Mediation trends and practices in various IP areas around the globe ShowHide

Topic 1: Global trends in IP mediation
What do IP disputes and mediation have in common? They are both experiencing signifcant and rapid growth—although not always together. This presentation identifies international developments in IP mediation as this specialized form of ADR begins to gain traction around the world.

Topic 2: Mediation in the patent field: the UKIPO’s practice
The majority of disputes in the patent field are well suited to mediation, and the higher cost of litigation in patent disputes should always encourage parties to mediate. This talk will uncover the biggest pitfall that patent proprietors (in particular) should be aware of when settling UK revocation disputes through mediation.

Topic 3: Mediation and other IP dispute resolution tools in EUIPO
The presentation will give an overview of the tools that are available at EUIPO level in the field of alternative dispute resolution. It offers the participants background information as well as legal and practical considerations to take into account in order to make an informed decision on the use of mediation in the IP area.

Topic 4: Mediation at WIPO
The WIPO Arbitration and Mediation Center has administered some 600 mediation, arbitration and expert determination (together, WIPO ADR) cases. WIPO ADR cases were predominately based on contract clauses; however some cases were submitted to WIPO ADR as a result of a submission agreement concluded after the dispute had arisen (some of these following proceedings pending before national courts). The WIPO Center also regularly provides procedural guidance to parties in order to facilitate the submission of their existing dispute to WIPO ADR.

Topic 5: IP mediation in the Baltic states: Lithuania, Latvia and Estonia
The presentation provides an overview of IP mediation practice in the Baltic region highlighting the present mediation situation, place of IP disputes among other mediated disputes, applied schemes for IP dispute resolution by mediation. The main IP mediation challenges arising in the Baltic countries and opportunities to overcome them will also be presented.

Topic 6: IP mediation in Singapore
Mediation was formally introduced in Singapore in the mid-1990s. Today, it is widely used in the Courts and by businesses. In this session, the speaker will share Singapore’s experience in IP Mediation, and the efforts of the World Intellectual Property Organization’s Arbitration and Mediation Centre to promote mediation in Singapore.

Topic 7: IP mediation at Shanghai Commercial Mediation Center
Winnie Tam will describe the types of IP disputes that often arise in China which require resolution and how the Shanghai Commercial Mediation Centre assists in mediating these disputes,with case studies of successful mediations.

 
3rd Session: Judicial IP mediation ShowHide

Topic 1: Simple Justice: an Italian project with international ambition
The presentation looks at the practice that is already in place in the Court of Florence and that is being implemented in other Italian Courts. The ‘Simple Justice’model has a high social impact and provides for the support of judges by young mediationexperts who are trained to propose a special reading of the cases: the parties’ relationship anda possible agreement.

Topic 2: IP Court mediation: a German perspective
Having a lot of international frms and institutions in the capital city of Bavaria, the Regional Court of Munichstarted with IP Mediation quite early in 2005, long before a law on in-court-Mediation wasissued in 2012 (implementing Directive 2008/52/EG). This law allows all kinds of ADRmethods to be used. If the subject matter of an IP case is suitable for mediation, the judge incharge of the case suggests this, and – if the parties agree – the case is referred to a so-calledconciliation judge, who then organizes a mediation meeting in a setting quite different fromordinary court proceedings. The presentation will deal with the details, advantages and possibledownside of those mediation proceedings.

Topic 3: The mediation system established by the agreement on the Unified Patent Court (AUPC)
Member States signatories to the AUPC decided to establish a Mediation and Arbitration Centre, whose services may be used by the parties in any dispute which falls under the jurisdiction of the UPC, whether there are proceedings pending before the UPC or not. The rules of mediation of the Centre have been already agreed within the Advisory Committee. Furthermore, the AUPC provides that any settlement reached through mediation administered by the Centre is enforceable in any Contracting Member State. All this shows that mediation is called to play a significant role within the UP system.

Topic 4: Judicial mediation: a European perspective
A look at language and status in presenting an overview of what judicial mediation is and how it works in various jurisdictions within England and Wales and how some approaches might inform the methodology of other jurisdictions within these countries with a glance elsewhere in Europe.

Topic 5: EU Domain Name Dispute Resolution
Domain name dispute resolution is one of the first successful worldwide alternative dispute resolution systems performed by
non-governmental organizations.  The presentation shows how the rights related to the .EU domain names could be protected and the disputes solved by the alternative dispute resolution proceedings.

Topic 6: CCBE’s view on judicial mediation
The CCBE recently published in collaboration with the European Commission for the Efficiency of Justice, a Guide to Mediation for Lawyers within the context of promoting a better implementation of mediation in the Member States of the Council of Europe. Due to their specific and collaborative nature, mediation techniques can produce high value solutions to a conflict that may not even be available through the judicial process. Moreover, lawyer‑supported mediation can be enormously beneficial because it ensures that both parties have quality independent legal advice, are confident to enter into an informed dialogue and it helps to redress any power imbalance between the parties.

Topic 7: The judicial mediation approach at the Shanghai Intellectual Property Court
This presentation will give an overview of the Shanghai Intellectual Property Court, and its cooperation with mediation organizations and industry associations before accepting a dispute and especially during the trial, by entrusting them with mediation and joint mediation.

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4th Session: Artificial Intelligence (AI) and Mediation ShowHide

Topic 1: AI trends and AI defnition in the context of mediation – a journey from the past to the future
During the last 10 years Artifcial Intelligence (AI) has afforded us a series of signifcant concrete advances in our daily professional and private lives. Nowadays, key decisions are made automatically or assisted by networked computers, based on self-learning algorithms and data mining. This presentation is an attempt to draw a historical perspective of machine learning and its potential applications to IP mediation.

Topic 2: The future of online mediation – AI mediators and AI evaluative tools
Artifcial intelligence is likely to have a dramatic impact on legal practice, where it is increasingly performing document review, legal research, and even automating legal services ranging from divorce to patent applications. AI’s impact on mediation is likely to be equally transformative. It may be able to lower mediation costs and reduce barriers to access, alter perceptions of bias, and provide new types of negotiation support. However, new technologies come with new challenges.

Topic 3: AI driven online dispute resolution
Dr Lee will discuss how AI enables online dispute resolution process and how is AI based mediation different from human operations. Dr Lee will illustrate why it is important to introduce AI in mediation, especially in cross-border e-commerce online dispute resolution.

Topic 4: Facilitating the mediation agreement – smart contract and self-executing contact using AI
Online Dispute Resolution is mostly consensual; viz. parties participate in the process on a voluntary basis. A recurring issue is how to enforce the eventual outcome of the dispute. Topic conceptsAI and blockchain (in particular smart contracts), respectively, might help in supporting and guaranteeing enforcement.

Topic 5: How can AI enhance dispute resolution?
Until recently, Online Dispute Resolution was primarily used to resolve e-commerce disputes or other disputes that originated online. After twenty years, the legal community has fnally realised the benefts, for reasons of both effciency and equity, as regards using artifcial intelligence to assist with Online Dispute Resolution. In this presentation we illustrate how machine learning and rule-based reasoning can assist in bargaining in the shadow of the law (mainly via advising about BATNAs) and how game theory can be used to support developing trade-offs in negotiations.

Topic 6: Online mediation and data protection
This presentation looks at the risks related to personal data and privacy arising out of the use of online mediation and AI mediation generally.

  • Is online ADR a risk to privacy? Or is privacy a risk to the development of online ADR?
  • What are the key privacy risks relating to the use of AI and online mediation (consider GDPR specifcally – confdentiality and security of data, profling, sensitive data).
  • Can there be lawful bases for online ADR? ADR is founded on the consent of the parties. Discussion will focus on of the lawful bases to process personal data within mediation (consent,pursuant to acontract).
  • Solutions / Workarounds – Often AI and online ADR are seen as a risk to privacy. You could argue that privacy and the stakeholders’ lack of understanding is a risk to thedevelopment of ADR.? However, this does not have to be the case. Privacy by design, education and systems can be envisaged to overcome obstacles
 
5th Session: Intervention and influencing skills in IP disputes ShowHide

Through audience interaction and panel discussion the Centre for Effective Dispute Resolution (CEDR) will provide insights on how to approach mediation and what skills to use to influence the case effectively and appropriately towards settlement.

 
6th Session: Hybrid and cutting-edge mediation techniques ShowHide

This session will deal with several types of hybrid mediation processes through a fireside chat format. It will explore thetechniques of med-arb-med, expert determination, early neutral evaluation and dispute resolutionboards. The panellists will discuss the advantages and disadvantages of each technique, as wellas its suitability for the resolution of IP-related disputes. The session aims to openthe eyes of conference delegates to the myriad possibilities which already exist in the feld of combined forms of ADR and the benefts they may bring for the resolution of complex conflicts in the feld of IP.

 

 

Presentations

 

1st Session ShowHide
 
2nd Session ShowHide
 
3rd Session ShowHide
 
4th Session ShowHide
 
5th Session ShowHide

 

Key Speakers

Théophile M. Margellos
President of the Boards of Appeal, EUIPO
Patrick Sensburg
Member of the German Federal Parliament (Deutscher Bundestag)
Francisco Fonseca Morillo
Head of the EU Delegation in Madrid, former Deputy Director-General for DG Justice and Consumers
Dirk De Meulemeester
President, CEPANI, Partner at DMDB Law
James South
Managing Director, CEDR
Aleš Zalar
President of the European Centre for Dispute Resolution (Ljubljana), former Minister of Justice of the Republic of Slovenia
Rachel Jones
Founder and Chief Executive, SnapDragon Monitoring Ltd
Pierfrancesco C. Fasano
Mediation Case Manager and Scientific Director, MFSD-IP Dispute Resolution Centre and Academy, Milan, Italy
Jean-François Bloch
Founder and Chief Executive, Startingbloch
José Checa
General Counsel Brand & Marketing Properties, Nestlé
Dids Macdonald
OBE., CEO, Anti Copying in Design (ACID) and Vice Chair, the UK Alliance for Intellectual Property
George Lim
Mediator and Senior Counsel, Partner at Wee, Tay & Lim and Chairman, Singapore International Mediation Centre
Geert Glas
Attorney at Law, Allen & Overy LLP
Nadja Alexander
Director at Singapore International Dispute Resolution Academy (SIDRA) and Professor at Singapore Management University
Stephen Probert
CEng FIET - Head of Mediation Service, UK Intellectual Property Office
Sophia Bonne
Head of the Alternative Dispute Resolution Service in the Boards of Appeal, EUIPO
Ignacio de Castro
Deputy Director of the Arbitration and Mediation Center, WIPO
Natalija Kaminskienė
assoc. professor, Head of Mediation and Sustainable Dispute Resolution Laboratory at Mykolas Romeris University (Lithuania), mediator, advocate
Winnie Tam
SC, Mediator of SCMC, Barrister, Former President of Hong Kong Bar Association
Louise Otis
Former Judge at the Court of Appeal, Montréal & Professor at McGill University, Faculty of Law
Paola Lucarelli
Professor of Commercial law, Mediation and Conflict Resolution, International Commercial Contracts, University of Florence
Monika Rhein
Presiding Judge, Regional Court Munich and Mediator
Angel Galgo Peco
President of Chamber No. 28, Court of Appeal of Madrid, specialised in commercial matters
HH Nicholas Chambers
Vice President of the European Group of Judges for Mediation (GEMME Europe)
Petr Hostaš
Member of the Board at the Czech Arbitration Court
Dr. Christian Lemke
CCBE Vice-Chair of the Future of the Legal Profession and Legal Services Committee, Council of Bars and Law Societies of Europe, CCBE, Brussels and German Bar Certified Specialist Lawyer for IP Law
Fei Xu
Judge of N°1 Intellectual Property Division, Shanghai Intellectual Property Court.
Sven Stürmann
Chairperson of the 2nd Board of Appeal and accredited Mediator (CEDR), EUIPO
Barrou Diallo
Head of Innovation, European Patent Office
Ryan Abbott
Professor of Law and Health Sciences, University of Surrey School of Law and Mediator and Arbitrator, JAMS
Dr. Anuy Lee
Chairman , Dispute Resolution Committee, China Trademark Association, President, Beijing eBridgeChina Research Institute
John Zeleznikow
Professor and Director of Laboratory for Decision Support and Dispute Management, Victoria University, Melbourne Australia
Arno R. Lodder
Professor of Internet Governance and Regulation at Vrije University (Amsterdam), Counsel, SOLV Lawyers
Charlotte Gerrish
Solicitor (England & Wales & Ireland), Avocat (Paris) of Gerrish Legal, judge-mediator at Cour Internationale de Médiation et d’Arbitrage
Susanne Schuler
Director of Training and Consultancy, Senior Consultant & Mediator, CEDR
Eve Pienaar
Mediator, CEDR
Wolf Von Kumberg
Mediator, CEDR
Stephen Bate
Mediator, chartered arbitrator and barrister, CEDR
Gordon Humphreys
Chairperson of the 5th Board of Appeal and accredited Mediator (CIArb), EUIPO
Ioanna Anastassopoulou
President of the Hellenic Mediation & Arbitration Centre (Athens), Senior Partner at PPT Legal, Legal Counsellor of the Association of Public and Private Limited Companies
Alya Ladjimi
Deputy Manager at the International Centre for ADR, International Chamber of Commerce
João Negrão
Director International Cooperation and Legal Affairs Departement, EUIPO
Thomas Frydendahl
Legal Consultant, Gorrissen Federspiel
Avi Schneebalg
President of Belgian section of the European Group of Judges for Mediation (GEMME Belgium), Civil Judge in Brussels and Lecturer in negotiation, conciliation and mediation
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