Mediation services extended to all EUTM and registered EUD disputes

From 2 June, parties involved in any inter partes proceedings before the EUIPO, whether first or second instance EU trade mark (EUTM) opposition or cancellation proceedings, or registered EU design (EUD) invalidity proceedings, can request mediation to resolve their dispute in an amicable and effective manner. 

The benefits of mediation in IP disputes

Disputes over IP rights are often time-consuming, expensive and burdensome. Alternative Dispute Resolution (ADR) services such as mediation offer the possibility to settle conflicts in a single process, offering legal certainty, speed and cost-effectiveness, which are of added value to businesses.

Due to its non-adversarial nature, mediation offers numerous advantages, including flexibility and confidentiality. By opting for mediation, parties can expect a streamlined process that encourages communication and cooperation, leading to mutually beneficial solutions based on the parties’ business interests.

The ADR services offered by the EUIPO Mediation Centre, including mediation and conciliation, are voluntary, free of charge and can be carried out entirely online via a secure and confidential ADR platform.

The EUIPO Mediation Centre was launched in November 2023, building on the experience of the EUIPO Boards of Appeal in mediation and conciliation since 2012. The recent extension of mediation to all inter partes proceedings will allow all users to benefit from the advantages of mediation at an early stage of EUTM opposition and cancellation as well as registered EUD invalidity proceedings.

In addition, while pending disputes must concern EUTMs and/or registered EUDs, ADR allows the inclusion of any parallel conflicts involving the same parties and any other IP rights (such as copyright, domain names, and patents) in the resolution process, or any other related pending disputes between the parties in any jurisdiction.

The extension of mediation services to first instance EUTM and registered EUD invalidity proceedings is the final step in a phased approach to extend ADR services to all inter partes proceedings at the EUIPO. This forms part of the Office’s strategic objectives and underlines its commitment to providing accessible and effective dispute resolution mechanisms for all scenarios. 

Exploring new ADR services and user’s crucial role

Under the EUIPO’s Strategic Plan SP2030, new ADR services that bring additional value to users will be explored. This includes a broad range of potential services, such as mediation solutions for geographical indications (GIs) for craft products, as well as copyright, to be offered both online and offline through an all-encompassing ADR Centre.

EUIPO users play a crucial role both in exploring new services and in evaluating the quality of those already offered. The recently established Mediation Stakeholders Network (MCSN), which brings together representatives from IP user associations and other important stakeholders on ADR matters, is particularly important in the a priori exploration of potential new services. In parallel, a posteriori feedback is gathered through initiatives such as the EUIPO’s Customer Panels to assess the quality of existing ADR services and provide direct input on how to improve them. As part of its ongoing commitment to enhancing these services, the EUIPO provides users with several opportunities to engage directly and stay informed.

Source: https://www.euipo.europa.eu/en/news/mediation-services-extended-to-all-eutm-and-registered-eud-disputes