Friday, February 16 2024   \  Published by Baker Mckenzie .

European Union: EUIPO launches Mediation Centre for Alternative Dispute Resolution

European Union: EUIPO launches Mediation Centre for Alternative Dispute Resolution

Key takeaways

The EU Regulation 2017/1001 on the European Union trademark ("EUTM Regulation") paved the way for the establishment of a Mediation Centre at the European Union Intellectual Property Office. This initiative offers Alternative Dispute Resolution (ADR) services with the goal of facilitating amicable settlements of disputes relating to European Trade Marks (EUTM) and registered Community designs (RCD). In October 2023, the EUIPO held its fourth edition of the International IP Mediation Conference, following which it finally launched its Mediation Centre on 22 November 2023.

The Mediation Centre offers a wide range of ADR services, including mediation, conciliation and expert determination. These services are available to all parties involved in inter partes proceedings pending before the EUIPO at second instance (i.e., appeal proceedings). Small and medium-sized enterprises may also request ADR during first instance proceedings (i.e., oppositions, cancellations and invalidities). The latter will be gradually extended to all users in a phased approach during 2024 and 2025.

The parties to a dispute can unilaterally or jointly request ADR services from the Mediation Centre at any point after lodging an appeal (or during first instance proceedings). However, all parties must sign the final mediation request, or demonstrate that consent has been obtained from the other party. The proceedings on the merits will be suspended pending the mediation process. Read more

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