Institutionalization of mediation for the settlement of disputes in the field of intellectual property laws

Abstract

The proposed article is devoted to the study of the institution of mediation as an independent procedure for the settlement of disputes in the field of intellectual property law. The author notes that the rather rapid stage of the development of the information society, IT technologies, the emergence of new objects of civil rights, including objects of intellectual property rights, pose a number of tasks to the legislator that require their urgent solution, in particular, the task of proper legal regulation of social relations, which, already today, take place in the state and society in general. In addition, taking the integration course of Ukraine into the EU also sets before our state the conditions for improving the legal regulation of intellectual property in accordance with international legal norms, in particular, the improvement of those legal provisions of national legislation related to the resolution of disputes in the field of intellectual property law, which are increasingly happening in reality. Therefore, the legislator adopts a number of legal acts regarding the improvement of legal regulation of relations arising in the field of intellectual property law, an example of which is the adoption of the Law of Ukraine «On Mediation». After all, mediation occupies a special place among the conciliation procedures for the settlement of disputes among alternatives to court proceedings for the resolution of disputes related to violations of intellectual property rights.Based on the results of the research, the author comes to the conclusion that mediation in the field of intellectual property can be used in the following cases: – when settling disputes arising in connection with the use of objects intellectual property without the consent of the right holder (author, creator, inventor or the person who owns intellectual property rights in accordance with the contract or law); – disputes arising in the event of violations of intellectual property rights; – disputes arising during licensing and transfer of intellectual property rights property; – disputes arising in connection with the conclusion and performance of contracts in in the field of intellectual property, in particular, contracts on the disposition of property rights of intellectual property; – disputes arising from the use of intellectual property objects, which are transferred to third parties.