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UK Patent Office launches new Mediation Service

Created by Stuart Yeates (University of Oxford) on April 19, 2006

The UK Patent Office has launched a new Mediation Service in an attempt to settle IPR disputes without expensive court proceedings:

If both sides agree to mediation, the mediator will meet with each side, separately and together, to discuss the issues involved. When the main issues are identified it is then hoped that the dispute can be settled. There are no fixed results in mediation and both sides must agree on what the solution is to be. It is worth remembering that the mediator is a facilitator and does not make a decision; that is down to the opposing parties. The discussions are "without prejudice" that is they are not binding and parties can continue with proceeding if mediation fails.

Unfortunately, this is a model that requires both of the parties to be well behaved and doesn't address situations such as the SCO case in which parties appear to be essentially using blackmail tactics. It also does not address any of the structural issues with the current patent regime, such as the ever expanding scope of patents and the disproportionate amount of power apparently held by the holders of large incumbents.


 
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