JCA Journal: Case Studies on International Mediation of Intellectual Property Disputes: Key Takeaways from Actual Cases

May 21, 2020

O’Melveny counsel Hiroko Nihei authored “Case Studies on International Mediation of Intellectual Property Disputes: Key Takeaways from Actual Cases,” an article in the May 2020 edition of JCA Journal (Journal of the Japan Commercial Arbitration Association), published in Japanese.

With innovation moving at such a rapid pace in the technology field, companies risk wasting too much time on adversarial dispute resolution mechanisms such as litigation and arbitration, Nihei asserts in the article. Contentious legal proceedings may also impair the relationship between trade parties. Yet Japan has not seen widespread use of international mediation as a means of resolving intellectual property disputes.

The article discusses actual intellectual property disputes that were settled through international mediation, and analyses what type of cases are particularly suitable for mediation.