1. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk New service provided by the UK Intellectual Property Office (IPO): mediation for effective IP dispute resolution. Peter Back Divisional Director UK Intellectual Property Office

2. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Mediation What’s it all about? And Why are we doing it?

3. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What’s it all about? What is mediation? How does it differ from litigation?

4. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk A different direction Litigation/arbitration looks backwards Mediation looks to the future

5. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Interests v Positions Litigation/arbitration is based on the parties’ positions Mediation focuses on the parties’ interests

6. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What about privacy? Litigation is [generally] public Mediation is confidential [So is arbitration]

7. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Who is in control? Litigation - the judge Arbitration - the arbitrator Mediation -

8. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk More creative A judge must follow rules Mediation opens the door to new and imaginative solutions

9. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Speed and cost Mediation is fast and cheap Litigation is slow and expensive

10. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Summary Mediation.... … looks to the future, not the past … goes to the heart of the problem … is private and confidential … leaves you in control of the outcome … offers creative, individual solutions … is cheaper and faster than litigation

11. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk UK Intellectual Property Office Why are we doing it?

12. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Origins Woolf Reforms (Overriding Objective) What we say … Tribunal Practice Notice 1/2000 “Office will routinely ask parties whether they have considered ADR and, where appropriate, will provide them with information about ADR. The Office will be prepared to stay proceedings in those cases where ADR is being used or seriously considered.” But we were not doing this

13. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Origins About 60% of the inter-partes patent disputes before the IPO are entitlement issues and are therefore issues where mediation may be appropriate. So, what did we do? Talked to interested parties

14. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Seminar in London Meeting of interests in June 2005 Patent Attorneys Trade Mark Attorneys Mediation providers Government Departments Prominent IP Judges And others

15. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk General consensus More use should be made of Mediation in IP disputes Not easy to do this Lack of central source of information and guidance Need for easy access to mediators Need for neutral venue

16. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk General consensus The IPO is well placed to facilitate mediation in IP disputes by: Providing a venue Providing administrative support Providing access to a list of mediators Providing its own mediators A couple of dissenting voices

17. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk So, what have we done? The UK IPO Mediation Service was launched in April of2006 Four of us have received mediation training from CEDR and are accredited Full details are available on our web site http://www.ipo.gov.uk/p-mediation.htm

18. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk The service so far Is now being used on a regular basis 7 or 8 times a year Most reach settlement Satisfied customers “ May I just reiterate my thanks to you and Steve for a superb job yesterday. I know that you both worked very hard behind the scenes. It was professional, thoughtful and deeply impressive” – patent attorney

19. Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Questions?