A patents and trademarks attorney in Naples Florida must always be prepared to defend the patent and intellectual property of his or her clients. However, there are times when expensive and time-consuming litigation may not be in the best interests of the client. In these situations, a patents and trademarks attorney in Naples Florida may suggest mediation.
In today’s fast-paced world, having an intellectual property dispute tied up in court can cause a business or idea to come to a screeching halt. It can also trigger uncertainty with other aspects of the business that are not even in dispute. Another benefit that mediation provides is that it is a confidential process, which allows the business that is defending its intellectual property to also protect it from the outside world in a way that litigation often cannot.
Mediation is geared toward obtaining a compromise. Intellectual property cases may lend themselves better to mediation than other types of cases because of the possibility of a licensing agreement or restricted use of property in accordance with an agreement between the parties. Mediation allows the parties to resolve their issue by developing a creative solution that works within a particular set of facts. With litigation, parties will likely end the dispute as adversaries. In mediation, prolonged business relationships can be created or salvaged.
Before agreeing to mediation, your intellectual property attorney may advise you about the potential pitfalls. For example, to resolve the claim through mediation, you may have to agree to a solution in which you do not get everything that you want. For example, you may walk away from the dispute by giving the other party the right to use some version of your intellectual property. Additionally, mediation requires both parties to enter into it voluntarily. If the other party is not interested, it is not an option.