Litigating Disputes in the field of intellectual property can be timely, costly, frustrating and ultimately futile. This is particularly so in cases in which it is difficult to prove actual damages. The law allows courts to award statutory damages in copyright, defamation, privacy and passing-off cases in a sum of up to NIS 100,000 only (in privacy and defamation cases, this sum is available when the infringement was wilful, otherwise the cap is NIS 50,000). In some instances of unlicensed use of IP, it may ultimately transpire that the IP owner would have being willing to license the IP for a satisfactory fee. In addition, many triers of fact and law lack the requisite knowledge in relevant intellectual property law: copyright, trademarks, patents, designs and other areas of intellectual property.
Therfore, often it may be that a license to exploit a work protected by copyright or a trademark against an agreed license fee may resolve the dispute. In other instances, the core of the dispute may lie in the issue of credit or integrity of a work.
In many instances, an experienced arbitrator or mediator, well versed in the field of intellectual property law can assist the parties to resolve a dispute without recourse to the courts of law.
Our firm firmly believes in alternative dispute resolution in the filed of intellectual property law. Both Tony Greenman and Hagit Peled are qualified mediators. Tony Greenman has received training in IP mediation at WIPO and is on the list of neutrals of WIPO.