In order to introduce a mediation service in the field of intellectual property, the IP Office launched the MEDIATION CENTER, engaging leading mediators who specialize in conducting IP and business mediation and who are guided by the Code of Professional Ethics.
Mediation is an out-of-court, voluntary, confidential, structured procedure in which the parties, with the help of a mediator, try to prevent or resolve a conflict (dispute) through negotiations. This is a new tool for the Ukrainian IP system that works in all developed economies of the world and helps creators, inventors and businesses in resolving disputes.
The mediation procedure does not replace the judicial procedure for dispute resolution, instead it is an alternative tool that provides:
greater freedom for the parties and flexibility in forming their own position in resolving the dispute;
the possibility of maintaining business relationships;
the possibility of saving time and resources, in particular, for legal services of representation in court, necessary examinations, court costs, etc.
The main tasks of the Center are:
raising awareness of IP mediation in Ukraine;
support for the development of mediation procedure in the IP field;
facilitating the organization of mediation processes in the resolution of IP disputes;
assistance in organization training programs for IP mediators on mediation standards and procedures;
international cooperation on mediation issues with WIPO, other organizations and national departments of foreign countries.
In order to solve the assigned tasks, the Center:
carries out educational activities - provides consulting and methodological support to the participants of relations in the IP field on the application of the mediation procedure, organizes and holds various events on mediation, cooperates with the media on the implementation of alternative dispute resolution mechanisms in the IP field;
develops proposals for improving legislation in the IP field;
in cooperation with the WIPO Academy, national and foreign educational institutions, leading business schools and mediators' self-governing bodies (mediators' associations), plans and facilitates the organization of specialized training of IP mediators, improvement of mediators' qualifications and competence in IP mediation standards and procedures;
participates in the implementation of the Memorandum of Understanding between the Ministry of Economy of Ukraine and the WIPO on alternative dispute resolution in the field of intellectual property.