The new Mediation Centre of the European Union Intellectual Property Office (EUIPO) is the first of its kind and is based at EUIPO's premises in Alicante (Spain). It will offer its services free of charge in different languages.
The Mediation Centre's services include mediation, conciliation, and expert determination. These services are provided through a team of experienced mediators and case managers who speak different languages to facilitate the mediation and negotiation processes.
- Mediation: Mediation allows parties to reach an amicable settlement of their dispute with the assistance of a mediator. The mediator's role is to conduct the process and assist the parties in reaching a voluntary and mutually satisfactory agreement.
- Conciliation: The conciliator assists the parties in reaching a settlement by suggesting possible solutions to the substance of the dispute pending before EUIPO. This proposal will be negotiated and refined with the parties, who will at all times be free to accept or reject the proposed solution.
- Expert determination: In the context of a mediation or conciliation, the parties may face an obstacle that prevents them from moving forward. In such a situation, the parties may request an expert determination on the specific issue at stake, which can help to prepare a way to reach an agreement.
"The creation of the Mediation Centre is a major step forward in helping citizens and businesses manage their intellectual property rights effectively and avoid costly and unpredictable disputes when they arise.", João Negrão, EUIPO's Executive Director, said.
The Mediation Centre builds on more than ten years of experience in the mediation and conciliation of IP disputes by the EUIPO Boards of Appeal. The Boards of Appeal are responsible for deciding on appeals against EUIPO decisions relating to European Union trade marks and registered Community designs. More than 2,600 appeals are filed before the Boards every year.
GEMME, as an association promoting mediation and also as Expert Advisor to the Stakeholders Advisory Board of the EUIPO, welcomes the creation of a Mediation Centre which will undoubtedly boost the use of mediation for the amicable settlement of IP disputes.
