The analysis of the obstacles that limit the development of IP mediation in Ukraine and the study of possible ways to effectively eliminate them are presented by Vladyslav Bilotskyi, Deputy Director of Ukrainian National Office for Intellectual Property and Innovations (IP Office), and Aurika Hrybovska, Head of the Mediation Centre of IP Office.

The specialists took part in the conference "LVІХ International Scientific and Practical Conference”, Canada, Ottawa, where they presented their study "Problems of Implementing and Conducting IP Mediation in Ukraine". The authors note that mediation, one of the basic principles of which is the voluntary implementation of a conciliation agreement by the parties, is designed for conscious and conscientious participants in conflict resolution who are psychologically ready to find mutually beneficial solutions. The main criteria should be a person's ability to negotiate, establish relationships with others and communicate.

The research of IP Office specialists also showed that the factors that slow down the development of IP mediation in Ukraine include:

• low level of public trust in mediation;
• traditional positions of the parties to the dispute;
• the specifics of national justice.

To overcome them, the focus should be on:

• increasing the level of trust to mediation;
• spreading information about the benefits of mediation and its success in comparison with other methods of resolving IP disputes;
• including the issue of IP mediation in the agenda of the general judicial reform.

To read the full text of the study by Vladyslav Bilotskyi and Aurika Hrybovska in English, please follow  the link (see page 16).

22 May 2024