Gross, Handbuch IP-/IT-Mediation, 3rd, new edited edition, Frankfurt am Main, February 2018
In light of the increasing amount of national and international cooperation on research and development, manufacturing and sales in the IP/IT field involving two or more partners, it is becoming increasingly difficult to define the following contract points in these types of cooperation:
- For partners from the same country: the place of jurisdiction
- For partners from two or more different countries: the place of jurisdiction and the law which applies.
In addition to this, the number of conflicts in the IP/IT field being resolved in government courts and courts of arbitration is increasing and as a result they are often becoming more time and cost intensive. Therefore, the search for different types of conflict management is growing. Practical experience in the past few years has shown that not only the number of differentiated conflict management clauses in contracts is increasing (in this order: negotiation > mediation > court of arbitration or(!) government court), but also that mediation is becoming the preferred method for resolving conflicts. This handbook illustrates the method of conflict management using mediation as an example (the legal basis, risk analysis, the phases of mediation and the costs) in the field of IP/IT law. It also includes numerous examples of cases and solutions from the resume of an experienced mediator, judge and arbitrator. The German Mediation Act and other legal and topical notes are included in the annex.