Ownership or Licensing Disputes

Ownership or licensing disputes arise when parties disagree over the rights to a particular intellectual property asset or the terms of a licensing agreement. These disputes can involve patents, trademarks, copyrights, or trade secrets.

Common Causes

  • Ambiguities in contractual language
  • Breach of contract
  • Misinterpretation of intellectual property rights
  • Changes in ownership or corporate structure
  • Disputes over royalties or payment terms

Infringement Allegations Disputes

Infringement allegations disputes occur when one party accuses another of using their intellectual property without permission, thereby infringing on their rights. These disputes commonly involve patents, trademarks, copyrights, or trade secrets.

Common Causes

  • Lack of awareness of existing intellectual property rights
  • Parallel development leading to unintentional infringement
  • Failure to secure proper licenses or permissions
  • Competitive motivations leading to deliberate infringement
  • Disagreements over the scope or validity of intellectual property rights

Validity Challenges Disputes

Validity challenges disputes involve challenges to the validity of intellectual property rights, such as patents or trademarks. These disputes often arise when one party seeks to invalidate another party’s intellectual property rights, claiming that they are not legally enforceable.

Common Causes

  • Prior art not considered during the original examination process
  • Errors or omissions in the application process
  • Lack of novelty or non-obviousness
  • Failure to meet statutory requirements for patentability
  • Fraud or inequitable conduct during the prosecution of intellectual property rights


What is intellectual property rights mediation?

Intellectual property rights mediation is a form of alternative dispute resolution (ADR) where a neutral third party assists parties in resolving disputes related to intellectual property rights.

When should I consider intellectual property rights mediation?

Consider mediation when parties wish to maintain a business relationship, prefer a quicker resolution than litigation, value confidentiality, seek creative solutions, or want to retain control over the outcome.

How does intellectual property rights mediation work?

A mediator facilitates communication, helps identify interests, and guides parties toward a voluntary agreement. The mediator does not impose a decision but assists in reaching a mutually acceptable solution.

What are the advantages of intellectual property rights mediation?

Advantages include cost-effectiveness, time efficiency, preservation of relationships, confidentiality, and flexible solutions.

What happens if mediation is unsuccessful?

Parties may pursue other dispute resolution options, but discussions and information shared during mediation remain confidential.

Who can serve as a mediator for intellectual property rights disputes?

Mediators are typically experienced professionals with expertise in intellectual property law and alternative dispute resolution.

How long does intellectual property rights mediation take?

Duration varies based on the complexity of the dispute and parties’ cooperation, ranging from a single session to multiple sessions over weeks or months.

Is the outcome of intellectual property rights mediation legally binding?

If parties reach an agreement, the resulting settlement is typically legally binding and enforceable in court.

What types of disputes are suitable for mediation?

Most intellectual property disputes, including patents, trademarks, copyrights, and licensing agreements, are suitable for mediation.

How do I initiate intellectual property rights mediation?

Parties agree to mediate voluntarily or as required by contract or court order, select a qualified mediator, and schedule mediation sessions.