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| By Ferran Cornellà Vía Wikimedia |
Mediation used to be identified in Spain with the resolution
of family and work-related conflicts. And this remained more or less the case
until the 2008 Directive revealed to many
that mediation could also serve to resolve conflicts of a civil and commercial
nature.
Since then, we have been witness to a legislative process
that culminated a few months ago with the approval of Real Decree implementing the Mediation Act of 2012.
There is still much to do in this field but we are progressing. In fact, the
matter remains highly topical.
But on this day I
want to remind everyone of the bodies and individuals who were working on
mediation in IP before it became a relevant issue.
I should begin by mentioning the WIPO Arbitration andMediation Center, which celebrates its
20th anniversary in 2014. The Center has been highly efficient in
resolving domain name conflicts, but has also extended its activity into other
areas, becoming a leading player in the promotion and establishment of
mediation in the field of IP.
The
Center has not only acted at a broad level in IP but has also sought out
specific means to resolve conflicts in the Film & Media, ICT, R+D and
technology transfer sectors. WIPO mediation is now an alternative for resolving
conflicts regarding DESCA agreements on R+D projects in the EU. Work is also
underway to use WIPO mediation in connection with FRAND licenses, and the
Spanish collection agencies AGICOA and EGEDA have used its resources to set up
their own systems. In addition, the Offices of Singapore and Brazil have
implemented mediation systems in cooperation with the Center.
Other bodies in Spain have also used mediation as a tool for
resolving IP conflicts. These include Alicante University and specifically
UAIPIT, which has held its famous International Congress under Professor
Lydia Esteve since 2009, an event that has always featured the subject of
mediation in this field. In addition, IE Law School includes mediation in its programmes on
intellectual and industrial property, and leading associations in the
entertainment sector such as DENAE and
foundations such as FIDE have for years promoted and organised
training sessions on this subject. Furthermore, the subject has this year been
added to the Master’s at Madrid’s Autonomous University.
Therefore, Spain is not lacking defenders, promoters and
champions of mediation in this field. I am simply citing those I know and with
whom I cooperate, with apologies to the rest, for there are surely many more.
When I discovered it a few years back, I realised that mediation
is a highly efficient means of resolving conflicts in this field. With the
passing of time I feel the same and even more strongly, after many years of
litigation.
Industrial and intellectual property rights have a special
nature of their own and the business that surrounds them requires a fast and
efficient means of resolving conflicts, which does not
scar the relationships between the parties, since IP plays a vital role in many
areas of activity, all of them a small world in which the participants
frequently cross paths.
Although some voices are in favour of a broad approach to
mediation, I still believe that specialization is required, at least in this
subject. As I see it, those who work with and are aware of industrial and
intellectual property rights are the ones best placed to give the parties what
they are looking for: a positive result, an efficient agreement. As time passes
and once mediation becomes fully established in Spain, I believe that this
criteria will take hold.
In any
case, let us celebrate this
international day and promote mediation in our daily professional activity.
In the end we will all benefit.
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