Natalija Popović Maksimović, Attorney at Popović, Popović & Partners: It’s Easier With Mediation

Patent, design, copyright, domain name and trademark issues are well suited for mediation because issues regarding IP infringement can usually be resolved successfully outside courts in an efficient manner and in various ways, such as crosslicensing, cooperation agreements, IP sharing strategies and joint projects 

Popović, Popović & Partners is one of the oldest working law firms in Serbia. It was established in 1933 by Miodrag P. Popović. Ever since, the family practice has continued to provide the highest level of legal assistance. Attorney Natalija Popović Maksimović has been working for the Popović, Popović and Partners law firm since 2016, and is also a licensed mediator with special training in intellectual property.

What are the benefits of business mediation in Serbia?

— Mediation is a voluntary form of conflict resolution that is becoming increasingly popular in the world. It is cost efficient and usually manages to find a creative solution to a problem, a solution satisfactory to both parties, more so than the legal norm that would apply in court or arbitration, but still within the framework of the legal system. Furthermore, mediation is usually much faster than all other conflict resolution alternatives. This in particular is useful for businesses in Serbia, because litigation procedure can be very lengthy – on average, the first instance court’s decision arrives after two years of process. Together with the appeal procedure, the final legally binding decision can take up to around five years. This can also result in high cost, both in official and legal fees.

Why are IP matters especially suitable for mediation?

— Patent, design, copyright, domain name and trademark issues are well suited for mediation because issues regarding IP infringement can usually be resolved successfully outside courts in an efficient manner in various ways, such as cross-licensing, cooperation agreements, IP sharing strategies and joint projects. A competent mediator would be able to inspire conflicting parties to create great new business opportunities from a conflict situation. There-fore, mediation not only saves money and time, but can also potentially create profit for both parties.

Is IP mediation obligatory in Serbia?

— No, mediation is always voluntary. However, the courts, in particular Belgrade Commercial Court and Higher Court of Belgrade (that has jurisdiction for IP matters, if the Commercial court is not the competent authority) are obliged to refer the parties to the possibility of mediation in the beginning of the court procedure. Moreover, since November 2019, the Serbian Intellectual Property office (IPO) has signed a mutual understanding, that courts will refer all IP cases to mediation, in particular to mediators who have special training in IP matters (this can include trainings by the World Intellectual Property office).

The list of such mediators is also available online on the web site of the IPO. Could you give a short overview of mediation procedure?

— The first step would be to find a competent mediator and all parties should sign an agreement to mediate. It is noteworthy to mention that mediation is even more successful before the court procedure, because in practice, in such scenario all parties are more ready and willing for cooperation and readily seek a mutually satisfactory solution. Therefore, it is advisable for the parties to seek mediation as soon as they realize that a business conflict exists. When the agreement to mediate is signed, the mediator’s fee is customary split equally between all parties. Mediation procedure is informal and confidential, and the mediator as a neutral third party helps parties to find a mutual solution that is satisfactory for all of them. If the mediation is successful the parties sign a mediation settlement. This settlement is not legally binding in the same wa as a court or arbitration decision, but parties usually abide bit, because it is beneficial for all involved. If the mediation was not successful, the parties may proceed to seek other forms of conflict resolution, while details of the case and all shared information during the mediation proceedings remain confidential. Parties may return to mediation at another point in the court procedure, and in this case the courts will temporarily stop the procedure

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