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We must Talk, Because we Can

ICC Publication No.: 695 E

ISBN: 978-92-842-0044-3

Language: English

2008 Edition
Sales price 80,00 CHF

Virtually every international IP dispute 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.


Table of Contents

  1. Introduction
  2. The Nature of IP Disputes
  3. IP Disputes Suitable For Mediation
  4. Barriers to IP Mediation
  5. Getting to the Table
  6. Preparing for IP Mediation
  7. The Skilled IP Mediator
  8. Skilled IP Counsel’s Role
  9. The Well-Prepared Client’s Role in IP Mediation
  10. Cultural Issues in IP Mediation
  11. Emotion in any IP Mediation
  12. Ethics and IP Mediation
  13. The End Game
  14. ICC’s ADR Rules 127
  15. Lessons from some IP Disputes 131
  16. End Note – The Challenge of the Peaceful Virus 135