But first IP mediation: why mediation is worth trying first

Intellectual property disputes are often accompanied by lengthy proceedings, expert evaluations, and significant costs for the parties. An alternative could be the «But first IP mediation» approach, under which the parties explore the possibility of reaching an agreement at the very beginning rather than engaging in a protracted legal battle.

This approach was presented by the chairman of the UNBA Committee on intellectual property Yuriy Romanyuk together with the head of the IP Office’s Center for mediation and arbitration Aurika Grybovska during the 5th All-Ukrainian School of Mediation. The event was held at Yuriy Fedkovych Chernivtsi National University.

As Y. Romanyuk noted, in practice, IP disputes often remain bogged down for years by procedural actions, numerous expert opinions, forensic examinations, and financial costs for the parties. In such a situation, mediation can become not a fallback option after court, but the first tool for finding a solution.

This involves a shift in the logic of responding to a dispute: first assessing the possibility of dialogue, and only then proceeding to litigation. For intellectual property disputes, this has practical significance, as mediation can help minimize costs and preserve the business relationships and reputations of the parties involved.

The presentation also addressed international trends in the development of alternative dispute resolution. Analysis by the World Intellectual Property Organization and the European Union Intellectual Property Office (EUIPO) indicates the growing role of mediation as a tool for resolving conflicts in the field of intellectual property.

Particular emphasis was placed on the practical stages of the procedure: from initiating mediation to reaching agreements between the parties. Participants were shown how prioritizing dialogue can help minimize costs, preserve working relationships between the parties, and avoid conflict escalation.

The theoretical part was supplemented with practical exercises. Participants worked on case studies in the areas of copyright, industrial designs, and trademarks, honing their communication skills and practicing how to balance the interests of the parties.

Following the event, the parties agreed on further cooperation between the UNBA Committee on intellectual property, the UNBA Committee on mediation and the IP Office’s Center for mediation and arbitration. The cooperation will be aimed at promoting mediation in the field of intellectual property and implementing joint educational and practical events for the professional community.