IP Australia announces new IP Mediation Referral Service

Thursday 13th July 2017

IP Australia has established an IP Mediation Referral Service which provides information about qualified, accredited and specialist mediation providers. Read this article to find out more about the service and factors to consider when determining whether mediation is the right choice for you. 

Mediation is used all around the world to resolve various types of disputes and can be an effective option for resolving intellectual property (IP) disputes.  Mediation is often more flexible, less complex and cheaper than taking or defending legal action through the courts.

Baldwins is experienced in advising and representing clients at mediations.  In our experience, mediations allow parties to maintain control of the dispute settlement process, maintain confidentiality and often reach a faster settlement without damage to their reputations.  IP Australia has recently established a new service to assist in obtaining and providing mediation services more efficiently in Australia.

IP Australia has established an IP Mediation Referral Service which provides information about qualified, accredited and specialist mediation providers.  The IP Mediation Referral Service is effectively a register of mediators approved by IP Australia.

There are currently 28 mediators listed on the Referral Service register and the information provided about each mediator includes their name, pricing, specialisation and location.  You can choose a mediator from the Referral Service register that suits your needs and engage with them directly for help to resolve an IP dispute. The Referral Service register can be viewed and searched here.

The IP Mediation Referral Service is intended to:

  • promote a mediation referral service as an alternative to the resolution of IP related matters
  • assist parties in the selection of private sector mediators only from a panel of qualified and accredited individuals or providers
  • enhance IP Australia's role in providing information and support services in relation to IP disputes
  • encourage visibility of mediation services available for Australian IP applicants and owners.

As with all alternative dispute resolution options, both parties need to agree to attend mediation and commit to the process.  If one party is not prepared to mediate, then the more traditional route of hearings before IP Australia (eg. oppositions) or litigation through the court system are still available and will remain the best option in some cases.

If you require assistance with the protection and enforcement of your IP rights in Australia please contact us today.

This article was written by Natalie Harre

This article is intended to summarise potentially complicated legal issues, and is not intended to be a substitute for individual legal advice. If you would like further information, please contact a Baldwins representative.

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