LEGAL REGULATION OF THE MEDIATION PROCEDURE IN THE SPHERE OF INTELLECTUAL PROPERTY RIGHTS

Abstract

This article is dedicated to the study of legal regulation of the mediation procedure in the field of intellectual property. Due to the rapid development of intellectual property and the proliferation of its objects, there is a need to create effective mechanisms for the protection of rights. Traditional court proceedings are lengthy and costly, complicating the timely protection of these rights. Mediation, as an alternative dispute resolution method, offers a quick, less formal, and economically advantageous way to reach an agreement between parties. Analysis of foreign experience shows that mediation is an effective tool that helps to reduce the burden on the judicial system and increase the satisfaction of the participants in the process. In Ukraine, mediation is at an early stage of development, but its implementation is promising. To successfully apply mediation in the field of intellectual property, it is necessary to create a clear legal framework that includes defining the legal status of mediators, establishing procedural norms, and ensuring the voluntary participation of the parties. It is important to consider international experience and adapt it to national peculiarities. This will ensure effective protection of intellectual property rights, reduce the number of court disputes, and improve the investment climate in Ukraine. Based on the results of the study, the author concludes that mediation in the field of intellectual property can be applied in the following cases: 1. For the resolution of disputes arising from the use of intellectual property objects without the consent of the rights holder (author, creator, inventor, or the person to whom the intellectual property rights belong according to a contract or law); 2. In resolving disputes related to intellectual property rights infringements; 3. In cases of disputes arising during the licensing and transfer of intellectual property rights; 4. For the resolution of disputes that arise when concluding and fulfilling contracts in the field of intellectual property, particularly contracts regarding the disposition of intellectual property rights; 5. In resolving disputes that arise from the use of intellectual property objects that have been transferred to third parties.