PRINCIPLES OF MEDIATION AS AN OUT-OF-COURT WAY OF RESOLVING CONFLICTS IN THE FIELD OF INTELLECTUAL PROPERTY

УДК 342.9

ORCID: 0000-0003-4569-8863

ORCID: 0000-0003-1479-4756

DOI 10.37566/2707-6849-2023-4(45)-9

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Oleh RIEZNIK,

Associate Professor of the Department of Criminal Law and Judiciary Academic and Research Institute of Law Sumy State University Doctor of Law, Professor, Honored Lawyer of Ukraine

Alla RUBANENKO,

assistant judge of the Zarichnyi District Court of Sumy, Doctor of Philosophy in Law

PRINCIPLES OF MEDIATION AS AN OUT-OF-COURT WAY OF RESOLVING CONFLICTS IN THE FIELD OF INTELLECTUAL PROPERTY

         The article is devoted to defining the principles of mediation as an extrajudicial way of resolving conflicts in the field of intellectual property. It was found that the principles of mediation are normatively established both at the level of international legal documents (independence; voluntariness; self-determination; confidentiality) and national legislation (voluntariness; confidentiality; neutrality, independence and impartiality of the mediator; self-determination and equality of rights of the mediation parties). Some scientific points of view regarding the determination of the principles on which the mediation procedure should be built, including in the field of intellectual property, have been studied. It was concluded that among the principles of mediation presented in the study, including in the field of intellectual property, despite some differences in scientific approaches to their classification, there are those that are often repeated (in particular, the principles of voluntariness, confidentiality, neutrality and impartiality of the mediator as a mediator, equal rights of mediation parties, etc.). Based on the results of the study of individual scientific positions on the selection of mediation principles, the author’s vision is proposed regarding the conditional classification of mediation principles as an extrajudicial way of resolving conflicts in the field of intellectual property into two groups: common law principles – the basic fundamentals of mediation in the field of intellectual property without which, in general, contractual relations in the field mediation is considered impossible (principles of legality, humanism, democracy, justice, rule of law, etc.); special principles – principles directly related to mediation as an out-of-court method of dispute settlement in the field of intellectual property (voluntariness, confidentiality, neutrality and impartiality of the mediator as a mediator, equality of rights of parties to the mediation, etc.).

Key words:mediation, intellectual property, voluntariness, principles, confidentiality, independence, impartiality, equality.

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