Mediation in Patent Disputes Arising in The Healthcare Sector

Abstract

Purpose: The study is devoted to the analysis of mediation in patent disputes arising in the field of healthcare. Methods: The research used general and special methods: dialectical method, methods of analysis and synthesis, formal-logical, system-structural method, and comparative-legal method. Results and discussion: The results showed that innovative advances in medicine provide a new range of opportunities, but at the same time generate new legal challenges that require effective regulatory mechanisms. The main advantages of using mediation in patent disputes by medical companies remain the minimization of reputational risks and the confidentiality of information that becomes known to the mediator during the settlement of the conflict or dispute. Implications of the research: The principles of confidentiality of medical information (including scientific and technical, commercial secrets, etc.), the principle of mandatory involvement of experts from the relevant field, the principle of medical ethics and high professional standards, the principle of matching the experience of the mediator to the level of complexity and the subject of the dispute will ensure the most effective resolution of patent disputes in the field of health care through mediation while maintaining the important elements of confidentiality of medical data, medical expertise, and professional ethical norms. Originality/value: The use of mediation in such disputes is relevant within the framework of high competition, the pace of scientific achievements and the steady growth of the volume of medical innovations, therefore it requires new approaches and policies of introduction into legal systems.