World Intellectual Property Organization

Training Seminar - Mediation and Arbitration in Disputes on R&D and Related Commercial Agreements

Organized by the WIPO Arbitration and Mediation Center and the European Liaison Office of the German Research Organisations (KOWI)

Supported by the Simplified FP7 Model Agreement (DESCA)

Brussels, Thursday and Friday, December 8 and 9, 2011

Overview

This Seminar will consist of an intensive two-day training course in the techniques of mediation and arbitration. The Seminar will be based on discussion groups and a simulated mediation and arbitration case study in the intellectual property field. Participants will be expected to take active part in the exercises.

For many companies, universities and research entities, intellectual property has become an essential business asset as well as a means of creating value. It is being developed and exploited on an increasingly international level in various contractual relationships, such as research and development contracts, consortium agreements, licenses, manufacturing arrangements, purchase contracts, distributorships and joint ventures.

Where disputes arise in the context of such an existing contractual relationship, mediation offers a low-risk and cost-effective non-confrontational procedure for dispute resolution, which can be conducive to the maintenance or further development of the relationship.

Intellectual property rights are as strong as the means to enforce them. In that context, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions. Intellectual property disputes have a number of particular characteristics that may be better addressed by arbitration than by court litigation.

As a consequence, parties increasingly look for dispute resolution mechanisms that match their business requirements: private procedures which provide efficient, flexible and less costly means of settling international disputes without disrupting research and commercial relationships. Model agreements, such as the DESCA model agreement (http://www.desca-fp7.eu/) also include mediation and arbitration as dispute resolution options. To fully benefit from the advantages of mediation and arbitration, parties often ensure that research and related commercial agreements are consistent in terms of outlining how disputes are to be resolved.

Faculty

Faculty for this Workshop will consist of experts in international mediation and arbitration experience, including exposure to intellectual property, research and development and technology issues.

  lang  fehringer   garcia
Jon Lang
Independent Mediator
London
UK
Sabine Fehringer
DLA Piper Weiss-Tessbach Rechtsanwälte GmbH
Vienna
Austria
Alejandro Garcia
Herbert Smith
London
UK

Full profiles of the faculty are available here.

WIPO Arbitration and Mediation Center

Program

The Program will consist of ten sessions devoted to the following subjects:

Introduction, Mediation (Day 1)

  • Administered Mediation and Arbitration at the WIPO Arbitration and Mediation Center
  • Introduction to Use of Mediation and Arbitration in R&D and Commercialization Disputes
  • Preparing and Commencing the Mediation
  • Selection and Appointment of the Mediator
  • Preparatory Organization of the Mediation
  • The Role of the Different Actors at the Mediation Meeting
  • The Mediation Meeting
  • Concluding the Mediation

Arbitration (Day 2)

  • International Arbitration in Context
  • Selection and Appointment of the Tribunal
  • Preparatory Organization
  • Interim Relief
  • Exchange of Memorials and Documents
  • Hearings and Evidence: Managing the Process
  • Awards

Who Should Attend

This Seminar is designed for lawyers, business executives, patent and trademark attorneys, technology transfer professionals and others wishing to familiarize themselves with the mediation and arbitration process and its application in the area of research and development and related commercial transactions.

Program Information

Venue Timetable Language
European Liaison Office of the German Research Organisations (KOWI)
Rue du Trône 98
1050 Brussels
Belgium
Thursday and Friday, December 8-9, 2011 English
 

Registration and Fee

Participation Registration Fee Cancellations How to apply
Participation in the Workshop will be limited to 25 persons 490 Euros If registered participants are unable to attend the workshop for any reason they may substitute someone else from the same organization by arrangement with KOWI. KOWI cannot offer a refund of the registration fee. Please send the registration form by fax or e-mail to Ms. Christina Sprenger of KOWI (see below)

 

Contact Details

Ms. Christina Sprenger
European Liaison Office of the German Research Organisations
Rue du Trône 98, 1050 Brussels, Belgium
T +32 (0)2 54802 10
F +32 (0)2 50275 33
E cs@kowi.de
W http://www.kowi.eu

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