EU Intellectual Property Office (EUIPO) will have mediation center so that companies can resolve their disputes on this issue. without the need to appeal or go to court Justice. from a project SMEsthose who have fewer resources for such cases because The service will be provided free of charge.
This situation was also emphasized by the executive director of EUIPO. João NegroIn announcing the launch of this eventIt will be located at the Euroagency headquarters in Alicante and available for these companies starting this wednesday. In this context, it is worth remembering that EUIPO is the body responsible for the registration of trademarks valid throughout the European Union, as well as industrial designs and drawings. Processing more than 270,000 records each year –170,000 brands and 100,000 designs and models– and is the Union’s second largest decentralized agency.
The new center will serve mediation, compromise And determination by an expertIt will provide a qualified team of multilingual, experienced mediators and case managers, the community body said. Specifically, the Alternative Dispute Resolution Service, which is currently responsible for the new centre, consists of: 13 peoplewe need to add to this20 expert mediators in intellectual property without exclusive affiliation. It is aimed to increase this figure even further in the coming period.
a single process
They recall from EUIPO: alternative dispute resolution tools Helping parties resolve a wide range of conflicts single processeffectively avoided cost and complexity of the case Facilitating fast, efficient and global agreements. Something Euroagency thinks is “very important”, especially for smaller companies, “because dispute resolution more affordableespecially in cross-border relations.
will have the center online platformIt will allow mediators and parties to interact virtually in a secure and confidential environment. All services offered by the Center are subject to the same basic principles: impartiality and impartiality of mediators, conciliators, experts and case managers, confidentiality of the process and voluntary participation of the parties.
EUIPO’s director general said this new center would “help citizens and companies Effectively manage your intellectual property rights and avoid costly litigation and when disagreements arise, they are unpredictable.” Along the same lines, 42% of EU trademark applications come from non-EU companieshence “cross-border disputes are increasingly occurring, underscoring the need for cost-effective, global dispute resolution services.”
Ten years of experience
The new mediation center is based on multiple foundations ten years previous experience In the mediation and conciliation of intellectual property disputes carried out by EUIPO Appeals Boards. This is the body that has the power to decide appeals against decisions of the Euroagency regarding European Union trademarks and registered community designs. I have m every yearMore than 2,600 cases and only 35 resorted to mediation. The goal is to increase this number and solve more problems before they reach this procedure.
As EUIPO states, spanish companies They may be among the biggest beneficiaries of the new mediation center. Approximately 11,000 EU trademark applications In 2022, Spain will not only be among the top five applicants for Community trademarks, but also among the top five countries of origin for inter-party procedures before the EUIPO. Thus, one of the languages in which these services will be provided will be Spanish.
Alternative dispute resolution types
Mediation: Mediation allows parties to find an amicable solution to their dispute with the help of a mediator before the EUIPO. The mediator’s role is to facilitate the process and help the parties reach a voluntary and mutually satisfactory agreement.
compromise: The conciliator helps the parties reach an agreement by suggesting possible solutions to the merits of the dispute pending in the EUIPO. The proposal will be negotiated and perfected with the parties who will always be free to accept or reject the proposed solution.
Determined by the expert: In the context of mediation or conciliation, parties may encounter an obstacle that prevents them from moving forward. In such a case, the parties may request an expert determination on the specific issue at hand, which can help prepare the way for agreement to be reached.