Let’s look at two common situations:

• An innovative SME believes that a partner, with whom it is working on a joint project, is using technology covered by one of its patents
• Two companies discover that their respective trademarks, which had previously operated in different markets, are now competing over a new product or service

These two situations raise a legal question. The parties must also take into account economic considerations, the management of sensitive information, investments already made, and the need to maintain professional relationships between the various stakeholders.

And when the parties already know each other, the obstruction may in fact be personal and emotional rather than legal.

This is precisely what makes mediation particularly relevant in the field of industrial property, as the aim is not necessarily to determine who is right or wrong.

Mediation establishes a framework of confidentiality that encourages open discussion on matters that would not even be addressed through their legal advisers or in court proceedings.

Mediation offers a great flexibility, which makes it possible to raise all aspects of the dispute.

Mediation is therefore a particularly suitable tool in the field of industrial property.

➡️ But when disputes have already been formalised within the framework of legal proceedings, does referring the matter to a judge necessarily mean the end of dialogue?

We will answer this question in our next episode, which will focus on court-mediated settlement.

Would you like to find out more about the different types of mediation or work out which one would be best suited to your situation? Get in touch with the experts at Germain Maureau.

Don’t miss episode 2 of 5 tomorrow.