Giampiero De Luca Serono International S.A. April 25, 2005

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Presentation transcript:

Giampiero De Luca Serono International S.A. April 25, 2005 WIPO Conference on Dispute Resolution in International Science and Technology Collaboration Giampiero De Luca Serono International S.A. April 25, 2005

WIPO :. Conference on Dispute Resolution in International Science and WIPO : Conference on Dispute Resolution in International Science and Technology Collaboration Mediation A process of alternative dispute resolution in which a neutral third party, the mediator, assists two or more parties in order to help them achieve an agreement, with concrete effects, on a matter of common interest; lato sensu is any activity in which an agreement on whatever matter is researched by an impartial third party, usually a professional, in the common interest of the parties.

Biota vs GSK suit sent to Mediation WIPO : Conference on Dispute Resolution in International Science and Technology Collaboration Biota vs GSK suit sent to Mediation Supreme Court of Victoria ordered Mediation : November 2005

WIPO :. Conference on Dispute Resolution in International Science and WIPO : Conference on Dispute Resolution in International Science and Technology Collaboration A neutral patent center, acting as an intermediary, could help overcome the major hurdle facing many small and medium size businesses: approaching large businesses with a licensing proposal. Smaller companies who lack the resources to conduct proper research and development can become profitable by utilizing patents not practiced by other companies. A corporation advertising at a patent center clearly has an interest in finding a licensee, but this goal alone does not ensure a smooth negotiation process.

WIPO :. Conference on Dispute Resolution in International Science and WIPO : Conference on Dispute Resolution in International Science and Technology Collaboration A mediator interjected into the negotiations can help the parties focus on essential licensing issues including the goals for the licening relationship, the objectives of each of the licensing parties, the strengths and weaknesses that each party brings to the relationship, actual and potential conflicts of interest, the best interests of the particular licensing relationship and the best interests of the companies involved with regard to the licensing agreement. Without mediation, a small business seeking to contact a large company such as GSK about potential licensing opportunities could exhaust its financial resources before entering into an agreement. Moreover, such a center where patents are advertised for licensing opportunities, significantly cuts down on the lengthy research stage preceding the typical negotiation process.

Disclosure requirements in patent systems: Traditional knowledge WIPO : Conference on Dispute Resolution in International Science and Technology Collaboration Disclosure requirements in patent systems: Traditional knowledge Genetic Resources