Mediating IP disputes The perspective of an RD Joint Venture Philippe Billiet Lawyer, arbitrator mediator Billiet Co Philippe.Billietbilliet-co.be www.billiet-co.be A conflict that cannot be resolve through direct communication Why
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Presentation Transcript
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Mediating IP disputes The perspective of an R&D Joint Venture Philippe Billiet
Lawyer, arbitrator & mediator – Billiet & Co
Philippe.Billiet@billiet-co.be
www.billiet-co.be<br>
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A conflict that cannot be resolve through direct communication Why should they choose mediation?<br>
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Keep matters in own hands<br>
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Focus on what really matters Look for the wish beneath the complaint
Look for the interest beneath the position
Look for the need beneath the emotion<br>
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Without prejudice Creativity Constructive approach<br>
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Expand the pie Turn conflict in opportunity<br>
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Interdependence<br>
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Confidentiality<br>
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Win – win & synergies 1 + 1 = 3<br>
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Need for speed<br>
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Fortune 500 company Georgia-Pacific has stated publicly that over the ten-year period 1995-2004, it “achieved conservative costs savings of 32,78 million dollars on a portfolio of 595 disputes through systematic early case assessment and ADR use, overwhelmingly mediation”.
(Philip M. Armstrong (Principal Counsel for litigation and ADR, Georgia-Pacific), Georgia-Pacific’s ADR program: a critical review after 10 years, 60 Dispute Resolution Journal of the American Var Association 2 (May –June 2005).<br>
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Key figures Belgium Mediation is currently not understood as a primary way of dealing with disputes and only few cases are mediated;
Mediation is most often used in either an early stage (following an early advice to mediate) or at a late stage (when parties have carried significant time and costs related to litigation and are - or at least one of them is - unable to continue legal procedures);
The success rate of mediation is estimated at approx. 75% (even over 85% according to some studies); 12<br>
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Key figures Belgium Average monetary value of mediations in Belgium: between 50.000 EUR and 100.000 EUR (= together with Ireland highest average value, after The Netherlands >< in 16 EU Member States the average value is below 25.000 EUR) => In Belgium mediation seems to be used for rather big cases (compared to other EU Member States);
Average time needed for a single mediation: 35 days (other studies refer to 45 days) >< Average time needed for a single litigation: 505 days;
Average cost for a single mediation: 7.000 EUR (3.478 EUR according to some studies) >< Average cost for a single litigation: 16.000 EUR (12.286 EUR according to some studies); 13<br>
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Key figures Belgium Taking into account a 75% success rate, the average time to resolve a dispute would become 171 days (instead of 505 days) and the average cost would become 11.000 EUR (instead of 16.000 EUR) if disputes were first brought to mediation instead of litigation;
With a 75% mediation success rate, approx. 330 days and 5.000 EUR could be saved per dispute if disputes were first put to mediation (instead of immediate litigation); 14<br>
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Key figures Belgium Only 44% mediation success rate is the break-even point, or the point at which using mediation does not create any financial advantage;
Only 9% mediation success rate would be required to reach a break-even point, or the point at which using mediation does not create any time advantage. This means that mediations in Belgium must fail 91% of the time to not create any value-added (time-savings) for the Belgian government and citizens; 15<br>
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Key figures EU Average time of a single court litigation: 566 days >< Average time of mediation then court litigation (with taking into account 70% mediation success rate): 212,8 days;
Average cost of a single court litigation in EU: 9.179 EUR >< Average cost of litigation if trial is preceded by successful mediation in 70% of the cases: 6.124,7 EUR; 16<br>
