By Mr. Jatin Sharma, Advocate & Commercial Litigation Expert
An exclusive interview of Mr. Jatin Sharma, who is well known advocate, and commercial litigation expert and he has established great examples in Commercial Arbitration and mediation also.
Correspondent: Kindly enlighten us with the insights of Global Perspective of Mediation in IPR Disputes.
Mr. Jatin Sharma: In the intricate world of corporate disputes, particularly those revolving around intellectual property rights and trademarks, the significance of mediation and prelitigation mediation cannot be overstated. The technical nuances surrounding these alternative dispute resolution mechanisms, emphasizing the paramount importance of awareness and education.
Correspondent: What is the most essential and ancient principle of Mediation?
Mr. Jatin Sharma: Lord Rama, is the greatest and first mediator who had given the core-mantra or principles of mediation. By referring the most purest and ancient Grantha “Ramcharitramanas”, its elaborates various principles.
The principles enunciated in the Ramayana resonate in the shloka:
“धर्मस्य तत्वं निहितं गुहायाम्। सत्यं वदिष्यामि तेऽहम्। यदेतत् त्रैलोक्यं सचराचरं शास्त्रेषु विचिन्त्यते॥”
Translation: “The essence of dharma is concealed in the heart. I shall speak the truth. That which is contemplated in the scriptures concerning the movable and the immovable in the three worlds.”
Mediation and Prelitigation Mediation: Technical Dimensions
Mediation, as an alternative dispute resolution (ADR) mechanism, involves the intervention of a neutral third party to facilitate discussions and negotiations between disputing parties. Prelitigation mediation takes this process a step further by initiating resolution efforts before any formal legal proceedings are initiated. In the realm of intellectual property disputes, where the stakes are high, these ADR mechanisms offer a more expedient and cost-effective approach compared to traditional litigation.
Importance of Awareness and Education
A well-informed approach to mediation begins with awareness and education. Corporates involved in intellectual property disputes must appreciate the strategic value of mediation and understand its procedural intricacies. Training programs and workshops can serve as effective tools to disseminate knowledge among legal teams and stakeholders, fostering a culture that recognizes mediation as a proactive and constructive means of conflict resolution.
Landmark Judgments from International Courts
The international legal landscape provides valuable insights into the recognition and acceptance of mediation in resolving complex corporate disputes. In the landmark case of Avena and Other Mexican Nationals (Mexico v. United States of America) before the ICJ, mediation played a pivotal role. The Court acknowledged the significance of consensual dispute resolution methods and encouraged parties to explore mediation before pursuing formal legal remedies.
Supreme Court of India’s Technical View
In the Indian context, the Supreme Court has played a progressive role in endorsing the use of mediation, especially in the case of Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. The Court emphasized the need for parties to consider mediation as a viable option for dispute resolution, underscoring its potential to save time and resources. This technical view aligns with global trends recognizing mediation as an integral part of the dispute resolution landscape.
- In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010):
The Supreme Court, in the Afcons case, emphasized the importance of incorporating Alternative Dispute Resolution (ADR) mechanisms, including mediation, in commercial contracts.
The court highlighted the need for parties to resort to mediation before initiating litigation.
- Salem Advocate Bar Association v. Union of India (2005):
The Supreme Court, in this case, recognized the significance of mediation and suggested that courts refer matters to mediation centres.
The court emphasized the need to raise awareness about the benefits of mediation.
- Amendments to the Code of Civil Procedure (CPC):
The Supreme Court has supported amendments to the CPC to include provisions related to court-annexed mediation.
The amendments empower courts to direct parties to opt for mediation and provide for the appointment of qualified mediators.
- In Gian Singh v. State of Punjab (2012):
The Supreme Court, in the Gian Singh case, acknowledged the importance of compounding criminal cases through mediation and compromise.
The court highlighted that certain offenses can be resolved through mediation, promoting a more conciliatory approach in criminal matters.
- Mediation and Conciliation Rules:
The Supreme Court, in coordination with the High Courts, has framed specific rules under the Mediation and Conciliation Act, 1996.
These rules govern the conduct of mediation proceedings and the role of mediators in both court-annexed and private mediations.
- National Mediation Program:
The Supreme Court has initiated the National Mediation Program, which involves the establishment of Mediation Centres in various states.
The program aims to provide a platform for the resolution of disputes through mediation and conciliation.
A Global Framework for Intellectual Property Harmony
The ICJ’s and Supreme Court of India’s perspectives underscore the evolution of a global framework that encourages corporations to embrace mediation for intellectual property disputes. This framework not only expedites the resolution process but also contributes to the preservation of commercial relationships, confidentiality, and overall efficiency.
Conclusion
In conclusion, mediation and prelitigation mediation stand as formidable pillars in the resolution of intellectual property disputes between corporates. The importance of awareness and education cannot be overstated, as informed stakeholders are better equipped to navigate the complexities of the mediation process. Landmark judgments from international courts, such as the ICJ, validate the efficacy of mediation in resolving intricate disputes. The technical view of the Supreme Court of India further cements the relevance of mediation, emphasizing its role in achieving efficient and equitable outcomes. As corporations continue to navigate the dynamic landscape of intellectual property disputes, mediation emerges as a globally recognized and indispensable tool for fostering resolution, collaboration, and intellectual property harmony.
About Mr. Jatin Sharma:
Mr. Jatin Sharma is a renowned advocate and expert in Commercial Litigations and also holding his expertise in Arbitration and Mediation to resolve complex corporate issues. He is founder of well reputed law firm “Jurist & Jurist International Law Firm” which is serving to various clients at National and International Level. He is also an eminent author of several books, articles as well as he is mentor to various law aspirants and students and various students has gained excellent knowledge and skills through his specialized courses.
Disclaimer:
This interview of the expert is not any advertisement or solicitation but the purpose of this interview is to spread the knowledge, updates and insights of the particular subject by the industry expert. No part of this interview is intended to be an advertisement etc.
