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Mediation

The Alternative Dispute Resolution Service (ADRS), operating under the auspices of the EUIPO Boards of Appeal, offers a mediation service for inter partes proceedings, during the appeal proceedings (which are suspended for the duration of the mediation process), allowing the parties to reach an amicable settlement.

The role of the mediator consists of assisting the parties in finding common ground and business interests that may be explored in order to settle the dispute through reaching a mutually satisfactory settlement agreement. The mediator is bound to keep the substance of the mediation confidential at all times. Also, mediators are independent and impartial and may not be involved in any further proceedings involving the case at issue, or any related case.

Mediation may be held entirely online or in person at the EUIPO in Alicante; in both cases the service does not require the payment of an additional fee by the parties. However, where mediation takes place in the EUIPO premises in Brussels, a one-off fee of EUR 750 is charged to cover the travel and accommodation expenses of the EUIPO mediator.

In addition to being available at the appeal stage, mediation is also part of a specific COVID-19 special online service provided by the ADRS to SMEs in order to find a suitable way to solve their IP-related disputes with the help of experts. The Effective Dispute Resolution (EDR) special service aims to help SMEs across the EU find a cheaper, quicker and easier way to settle their disputes. For more information concerning this special service see https://euipo.europa.eu/ohimportal/en/online-services/edr-case-handlers

The ADRS wants to go further in the promotion of mediation between the parties and has prepared model mediation contractual clauses, as well as pledges intended for use by companies, law firms, business associations and user associations.

EUIPO mediators

The ADRS counts on a team of qualified mediators, composed of senior staff members of the Office who have undergone specialised mediation training with the Centre of Effective Dispute Resolution (CEDR) and/or the Chartered Institute of Arbitrators (CIArb).

All mediators are very experienced in IP cases and all are multilingual, allowing users a wide linguistic choice when engaging in mediation.

The names of the mediators are on our website, together with their CVs, to allow the parties to choose a particular person to mediate if they so wish. Guidance and assistance can also be sought from the ADRS in the selection of a mediator.

Detailed documentation on all aspects of the mediation process can be accessed from this page by clicking on the links below:

 

 

Documentation on all aspects of the mediation process
Decision No 2013-3 of the Presidium of the Boards of Appeal of 5 July 2013 on the amicable settlement of disputes ("Decision on Mediation")
Decision of the President concerning the administration charges related to mediation
Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
Rules on mediation
Instructions to parties
Mediation agreement model
Mediation joint request form
Mediation in Brussels (administrative charges)
Code of conduct for mediators

Co-Mediation Mechanism on Intellectual Property

The Boards of Appeal of European Union Intellectual Property Office (BoA EUIPO) and the Shanghai Commercial Mediation Center (SCMC), the foremost neutral professional mediation organization in China, have cooperated intensively over the last two years with the aim of developing the Co-Mediation Mechanism on Intellectual Property. This Mechanism includes a series of documents - the International Commercial Co-Mediation Rules, the Co-Mediation Agreement, the Confidentiality Statement and the Statement of Co-Mediators. The International Co-Mediation Rules have been recently approved by both the BoA EUIPO and SCMC, together with all supporting documents and came into force on July 1, 2020. This mechanism provides an efficient and convenient way to settle disputes between enterprises in Europe and China in the field of intellectual property. In consideration of diverging cultural backgrounds, the Co-Mediation Mechanism emphasizes the standardization, confidentiality and neutrality of mediation, and fully reflects the broader, deeper and higher level of cooperation in the field of intellectual property dispute settlement between EU-China-based parties.

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Pagină actualizată ultima dată 25-02-2021
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