Intellectual property (IP) is a broad term that refers to tangible works or inventions created by one or more people. After someone creates something, such as a specific invention, a manuscript, or a piece of artistic work, they can apply for a patent, trademark, or copyright, which gives them ownership of their ideas. However, when it comes to intellectual property, it is not uncommon for there to be disputes, especially if something is developed as a partnership or another party comes up with an idea that is very similar to something that is already patented, trademarked, or copyrighted. While it is possible to go to court for IP infractions, working with an IP mediation attorney is often a better choice for the following reasons:
Room for Negotiations
A mediation session is not a courtroom, and no one is judged as being right or wrong. The main goal of mediation in an intellectual property case is for both parties to have to opportunity to communicate and negotiate with the assistance of attorneys and a mediator. In many cases, having the opportunity to negotiate means that both parties come to a settlement that meets everyone's needs, so no one feels slighted or resentful, which can often happen in a court case that goes to trial.
Taking an intellectual property case to trial can be incredibly expensive. In addition to paying an attorney, the entire discovery process and hiring expert witnesses can be very cost prohibitive. It is always in your best interest to consider mediation before going to court from a financial standpoint. Since mediation is often successful in intellectual property cases, you can save a lot of money by going this route. In the event that mediation does not produce a good outcome in your case, you will still have the option of going to court.
If your intellectual property case goes to court, all of the information that comes out during the trial will become public record. If your IP case centers around proprietary information, or if information about your invention or work can be harmed by information going public, mediation is a better choice. Unlike court trials, the information discussed during mediation is private and nothing that is said will be on the record. When you opt for mediation in an intellectual property case, only you, the other party, the mediator, and the attorneys present will be privy to matters discussed.