This year, every case referred to mediation during patent trials resulted in a successful settlement. The mediation process refers to finding an amicable compromise through mutual adjustment between parties instead of legal disputes, and is carried out as part of the "Trial-Mediation Linkage System."
The Intellectual Property Office's Patent Trial and Appeal Board announced on the 17th that it had fully implemented the "Trial-Mediation Linkage System" this year, achieving the outcome of all four patent trial cases referred to mediation being successfully settled.
The Trial-Mediation Linkage System is a procedure that allows parties in patent trial disputes, with their consent, to refer the case to the Industrial Property Dispute Mediation Committee, where the trial judge directly participates as a mediator. This enables disputes to be resolved through mediation instead of a formal trial.
Typically, patent disputes involve significant differences in positions between parties regarding technical matters, often leading to civil or criminal lawsuits (legal disputes). This means that resolving disputes through mediation is not easy.
However, in the cases referred to mediation this year under the "Trial-Mediation Linkage System," the presiding trial judge directly participated in the mediation panel, leveraging their technical expertise and understanding of the case to propose settlement terms, which were accepted by both parties, resulting in all cases being resolved.
Resolving disputes through mediation is meaningful not only because it concludes legal conflicts related to patents, but also because it restores trust and cooperative relationships between parties, potentially leading to win-win outcomes such as supply contracts and joint technology development. The major advantage is that both sides can resolve patent disputes more productively and rationally.
An executive from a company that participated in the mediation shared, "I was able to trust the process because a trial judge from the Intellectual Property Office participated directly in the mediation, and we were able to find a compromise based on the judge's technical expertise and understanding."
Seo Eulsu, Chief Judge of the Patent Trial and Appeal Board, stated, "Mediation in patent disputes is never an easy process for parties with deep conflicts," but emphasized, "Nevertheless, by having a trial judge participate in the mediation with technical expertise and sufficient understanding of the relevant technology, we were able to propose a cooperative solution that everyone could accept, resulting in tangible outcomes (settlements)."
He added, "The Patent Trial and Appeal Board will continue to strive to ensure that the Trial-Mediation Linkage System serves as a guide for finding turning points of mutual growth and cooperation in the process of intellectual property disputes."
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