Negotiated+Change

**__Mediation __** A technology consulting company holding patents on three continents disclosed a patented invention to a major manufacturer in the context of a consulting contract. The contract neither transferred nor licensed any rights to the manufacturer. When the manufacturer started selling products which the consulting company alleged included the patented invention, the consulting company threatened to file patent infringement court proceedings in all jurisdictions in which the consulting company was holding patents. The parties started negotiating a patent license with the help of external experts but failed to agree on the royalty as the multimillion dollar damages sought by the consulting company significantly exceeded the amount the manufacturer was willing to offer. The parties submitted their dispute to mediation under the WIPO Rules. The WIPO Arbitration and Mediation Center suggested to the parties potential mediators with specific expertise in patents and the relevant technology. The parties chose one of those mediators, who conducted a two-day meeting in which the parties eventually reached a settlement that not only covered the royalty issue, but also included agreement on future consulting contracts. The mediation was thus instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interests of both parties and ensures the profitable use of the technology in the service of those interests. http://www.wipo.int/amc/en/mediation/case-example.html

__Arbitration__
A North-American software developer had registered a trademark for communication software in the United States and Canada. A manufacturer of computer hardware based elsewhere registered an almost identical mark for computer hardware in a number of Asian countries. Both parties had been engaged in legal proceedings in various jurisdictions concerning the registration and use of their marks. Each party had effectively prevented the other from registering or using its mark in the jurisdictions in which it holds prior rights. In order to facilitate the use and registration of their respective marks worldwide, the parties entered into a coexistence agreement which contains a WIPO arbitration clause. When the North-American company tried to register its trademark in a particular Asian country, the application was refused because of a risk of confusion with the prior mark held by the other party. The North-American company requested that the other party undertake any efforts to enable it to register its mark in that Asian country and, when the other party refused, initiated arbitration proceedings. Following proposals made by the Center, the parties appointed a leading IP lawyer as sole arbitrator. In an interim award the sole arbitrator gave effect to the consensual solution suggested by the parties, which provided for the granting by the hardware manufacturer of a license on appropriate terms to the North-American company, including an obligation to provide periodic reports to the other party. http://www.wipo.int/amc/en/arbitration/case-example.html __ Court  __ =  Pregnant woman begs court for leniency in child abuse case   = Sue Montgomery, Gazette Justice Reporter  March 15, 2011 MONTREAL - A woman who is six months pregnant testified in court Tuesday that she's turned her life around since being charged with severe negligence of her son, who saved his own life when just 18 months old. The child, starving and covered with infected sores, somehow climbed down three stories to escape his filthy apartment and crack-addicted mother to "literally save his own life," the crown told court. He was found by neighbors and spent several days in hospital on morphine "to manage his excruciating pain" of broken bones and burns, crown prosecutor Josée Fontaine said. The woman, who can't be identified to protect the child, has since had two more children, who are now 2 years and 10 months, with her new partner, who has two children of his own. The defense is asking for two years less a day to be served in the community. The crown is asking for a prison sentence of between three and 18 months. But the prosecutor said it is likely the judge will take into consideration the fact that two children would be without their mother if she went to prison. The injured child has been in a foster home since fall, 2006.

The Big Question: The best way to settle disputes is by talking it out. Send ambassadors to meet with the other party and try to come to a compromise. If this doesn’t work for whatever reason then an outside party may have to step in and act as an Arbiter between the two warring parties, hopefully they’ll be able to stop the conflict before any bloodshed. The worst way to settle a dispute is by trying to kill your opponent. Killing people won’t solve anything and can usually make situations worse by angering more people causing them to retaliate. This method of settling disputes only results in war and death.