We Must Talk Because We Can - Mediating International Intellectual Property Disputes

No. E695E

ISBN : 978-92-842-0044-3

Virtually every international IP dispute is difficult. 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.

“I have written the book with the conviction that, if only parties will talk openly and empathetically, often they will find that they themselves can create a mutually satisfactory solution to their problem. Even against the backdrop of a troubled and dysfunctional history. Especially, in this flat, globally interconnected commercial world. In short, with the hope and need for resolution, parties ‘must talk’, because they ‘can’ talk." - David Plant

We Must Talk Because We Can reflects the intellect, warmth, and talent of a renowned intellectual property mediator. This (...) book has sage advice for mediators, advocates, and parties involved not only in IP conflicts, but all manner of disputes. (...) Mr. Plant uses IP cases to illustrate his points, but his insights are readily applicable to all business disputes and to most other disputes as well. Thus, We Must Talk Because We Can would be a useful read for all [and] a fine addition to any mediator's library." Joe Epstein, ESQ, President of Conflict Resolution Services Inc. and Vice-President of the International Academy of Mediators, is a renowned mediator specialised in many areas who has dealt with numerous multi-party cases.

Code ISBN : 978-92-842-0044-3
Number of pages : 185
Publishing date : 2008
Language : English
Format in cm : 15.9*24



  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 97 XIII. The End Game
  13. ICC’s ADR Rules 127 XV. Lessons from some IP Disputes
  14. End Note – The Challenge of the Peaceful Virus

David Plant

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