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We Must Talk Because We Can: Medicating International Intellectual Property Disputes

We Must Talk Because We Can: Medicating International Intellectual Property Disputes

We Must Talk Because We Can: Medicating International Intellectual Property Disputes

Author: David W. Plant
Publisher: Kluwer Law International
ISBN: 9789041131805
Published In: June 2009
Format: Paperback , 188 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Virtually every international IP disputes is difficult. Sometimes, extraordinarily so. Mediation in international IP disputes works best when each person concerned is thoroughly prepared, and brings to the table all his or her interpersonal skills, cultural sensitivity, patience, open-mindedness, creativity and commitment.

In We Must Talk Because We Can, David Plant focuses on the process of mediation and on the mediator, the client and the counsel. Mediation, from Mr. Plant’s point of view, is interest-based negotiation facilitated by a third person – the mediator. His aim is to help you – whatever your role – to prepare for and engage in such mediation at the most productive level.

§ The Nature of IP Disputes

§ IP Disputes Suitable For Mediation

§ Barriers to IP Mediation

§ Getting to the Table

§ Preparing for IP Mediation

§ The Skilled IP Mediator

§ Skilled IP Counsel’s Role

§ The Well-Prepared Client’s Role in IP Mediation

§ Cultural Issues in IP Mediation

§ Emotion in any IP Mediation

§ Ethics and IP Mediation

§ The End Game

§ ICC’s ADR Rules

§ Lessons from some IP Disputes

§ End Note – The Challenge of the Peaceful Virus

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