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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 a Japanese article, “Case Studies on International Mediation of Intellectual Property Disputes: Key Takeaways from Actual Cases,” which focuses on the merits of resolving intellectual property disputes through international mediation.

In this globalized economy where innovation occurs on a daily basis in the field of technology, companies cannot waste too much time on adversarial dispute resolution mechanisms, such as litigation and arbitration, Nihei asserts in the article. Impairing the relationship with a trade party as a result of a contentious legal proceeding may need to be avoided. Yet, in Japan, we have not seen widespread use of international mediation as a means of resolving intellectual property disputes.

The article introduces how intellectual property disputes were actually settled through international mediation and analyses what type of cases are particularly suitable for mediation. The article was published by JCA Journal (the Journal of the Japan Commercial Arbitration Association) in its May 2020 edition.