We Must Talk Because We Can; Mediating International Intellectual Property Disputes

Virtually every international IP dispute is difficult. Sometimes, extraordinarily so. Mediation in international IP disputes works best when each person concerned is thoroughly prepared, and brings to the table all his or her interpersonal skills, cultural sensitivity, patience, open-mindedness, creativity and commitment. In We Must Talk, Because We Can, David Plant focuses on the process of mediation and on the mediator, the client and the counsel. Mediation, from Mr. Plant’s point of view, is interest-based negotiation facilitated by a third person – the mediator. His aim is to help you – whatever your role – to prepare for and engage in such mediation at the most productive level. Table of Contents: I. Introduction II. The Nature of IP Disputes III. IP Disputes Suitable For Mediation IV. Barriers to IP Mediation V. Getting to the Table VI. Preparing for IP Mediation VII. The Skilled IP Mediator VIII. Skilled IP Counsel’s Role IX. The Well-Prepared Client’s Role in IP Mediation X. Cultural Issues in IP Mediation XI. Emotion in any IP Mediation XII. Ethics and IP Mediation XIII. The End Game XIV. ICC’s ADR Rules XV. Lessons from some IP Disputes XVI. End Note – The Challenge of the Peaceful Virus