Resolve Your Dispute Without Going To Court

Should you solve an IP dispute with mediation?

On Behalf of | Apr 24, 2024 | Mediation

If someone uses your intellectual property (IP) without your permission, you can enforce your rights through civil litigation – you will file a lawsuit against them, and the judge will order them to stop using your IP and possibly compensate you for the damages you may have incurred due to the IP infringement.

However, this is one way of approaching the matter. You can also opt for mediation. But why would you want a neutral third party to help you settle a case when you have the IP rights, which may translate to the upper hand in court?

Below are three reasons to consider solving an IP dispute with mediation:

Protect your relationship

Mediation can protect the relationship you have with the other party, that is, if you work together, for example, if you have a franchisor-franchisee relationship. A disagreement about IP rights doesn’t mean your relationship has to end.

Keep your business private

If you value confidentiality, mediation may be the most suitable option. While patent records and registered trademarks are public, some provisions may be private, and you may want that to remain.

Besides, if you have contracts whose provisions are linked to the IP rights in question, they may be made public if you go to court. Mediation can help you keep such agreements confidential.

Protect your business’s interests

In court, the facts of the disputes and relevant laws will determine an outcome. With mediation, you and the other party can create an outcome according to your business interests. Even though you may have IP rights, mediation can help you create more value for your business.

IP disputes can be complicated, but you can solve them through mediation. Learn more about your case to make informed decisions.