Let’s go a little back further in time.

• Before discovering that its patent had been infringed, our SME was working with a new partner on a promising innovative project
• Before discovering a conflict between their respective trademarks, the two companies were working with a third company to jointly develop a comprehensive offer under a common trademark

The discussions centred on each party’s progress, the results of these collaborations and how to make the most of them.

At this stage, there was no conflict.

However, some issues were already being raised:

• How should decision-making be organised?
• How can we reconcile various and sometimes conflicting interests?
• How should ownership of any intangible assets – patents or trademarks- which may arise from the project be managed?

Project mediation comes into play precisely at this stage: the mediator is a third party working on behalf of the project, to support the various parties in ensuring the success of their collaboration.

The mediator supports the parties in their collaboration, encourages dialogue and helps them to identify each party’s expectations and potential difficulties before they become genuine sources of tension.

We are no longer focused on dispute resolution, but on governance and prevention.

And very often, the easiest conflict to resolve is the one that is avoided.

➡️ The growing importance attached to mediation is now evident even within the European patent ecosystem.

We will address this issue in our final episode on the PMAC.

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 5 of 5 tomorrow.