Mediation is voluntary dispute resolution procedure, actually negotiation assisted by a neutral person – mediator who helps parties to reach an agreement.
If you have disputed business relation in intellectual property field, you may address Intellectual Property Office for information and administrative-technical assistance concerning choosing a mediator and mediation procedure.
Mediation and Other Alternative Dispute Resolution Procedures (ADR) for Intellectual Property (IP) Disputes
Intellectual property is an important component of all innovation based economic activities and its protection and efficient exploitation are of а great importance for successful business. However, in intellectual property field disputes sometimes occur.
Disputes need not necessarily be resolved at court. Examples of alternative dispute resolutions are mediation, arbitration and other procedures that do not involve court engagement.
Intellectual Property Office and the Arbitration and Mediation Center of the World Intellectual Property Organization http://www.wipo.int/amc/en/ collaborate to raise awareness of ADR, out of court options to resolve IP disputes in the Republic of Serbia.
What is Out of Court, Alternative Dispute Resolution (ADR)?
ADR represents various legally regulated procedures that are at parties’ disposal as alternative to court procedure. ADR procedures are appropriate for IP disputes, especially between parties from different jurisdictions. ADR can empower parties by enhancing their control over the dispute resolution process. If well managed, ADR can save time and money. In addition, its consensual nature allows parties to begin, continue, or enhance profitable business relationships with each other.
ADR options include mediation, arbitration, expedited arbitration and expert determination.
At the WIPO Arbitration and Mediation Center’s website, besides general information, you may find: WIPO Mediation, Arbitration, Expedite Arbitration and Expert Determination Rules, WIPO Alternative Dispute Resolution (ADR) Services for Specific Sectors, cases examples, dispute resolution clauses, fees calculator etc.
At the Ministry of Justice page, it can as well as Register of mediators.
Mediation and the Intellectual Property Office
With the aim to support the mediation system and in compliance with the relevant strategic framework (Judicial System National Strategy for the period 2013 – 2018 and the Action Plan for Chapter 23), the President of the Supreme Cassation Court and the High Judiciary Council and the Minister of Justice, on 28 June 2017 passed Mediation Improvement Instructions for the Republic of Serbia. Instructions prescribe mediation improvement measures implying instigation of active collaboration with external court partners, service providers, on the basis of concluded cooperation protocols depending on dispute subject matter. (see: https://www.mpravde.gov.rs/tekst/16729/uputstvo-za-unapredjenje-medijacije-u-republici-srbiji-po-zakonu-o-posredovanju-u-resavanju-sporova.php).
Accordingly, and in compliance with the WIPO best practice and experience, in June 2020 the Intellectual Property Office, the Ministry of Justice and four competent courts: Commercial Court in Belgrade, Commercial Appeallate Court, Court of Appel and High Court in Belgrade signed the Agreement on Cooperation for Enhancing of the Use of Mediation in Intellectual Property Disputes.
After that, the Intellectual Property Office developed IP Mediation Pamphlet which can be obtained in all six institutions, signatories to the agreement and their websites.
The Intellectual Property Office is dedicated to the development of IP mediation in the Republic of Serbia. It actively cooperates with IP mediators from the List, add new members to the List, organize mediator’s meetings for knowledge and experience exchange and publishes news about new WIPO trainings on its website.
The aim of IP Mediation is reduction of number of IP court procedures.
