Collective management is a widespread copyright and related rights management model in the European Union. It promotes better dissemination of contents protected by copyright and related rights (in particular books, audiovisual productions and recorded music). Collective management organisations are in charge of the management of copyright and related rights, which includes in particular the granting of licenses to users, notably multi-territorial licenses on musical works for online use (platforms allowing consumers to download or stream music, or other services providing access to movies or games in which music is an important component). These organisations are also in charge of the financial control of the uses and the respect of the rights they manage, in the interest of the rightholders.

European Directive 2014/26 of 24 February 2014 set out a framework regulating the collective management of copyright and related rights and notably encourages the use of mediation in the event of a dispute in this area.

Mediation is recommended in the event of a dispute between the management bodies themselves, or when the rightholders are involved (e.g. dispute over the distribution of rights revenue to the rightholders, or over access to information), or online service providers. Mediation is also appropriate to resolve disputes between collective management organisations and users concerning the conditions set out to obtain or terminate a license, or even in the case of difficulties in negotiating these licenses.

Many users want an access to television and radio programs from across the European Union. Thanks to the development of offers and technologies, broadcasting organizations and retransmission service providers are now able to offer the broadcasting of such programs, both live and on demand (replay services), through cable, satellite, or online services. The question of copyright is a crucial aspect with regards to the broadcasting of television and radio programs in a cross border context. Insofar as the content includes copyright and related rights, the distribution requires an effective system of licenses for these rights. European directives 93/83 of 27 September 1993, recently completed by directive 2019/789 of 17 April 2019, aim to facilitate the granting of copyright licenses and related rights contained in certain types of television and radio contents.

Both the negotiation of these licenses and their execution is a potential source of dispute. For this specific dispute, mediation is expressively encouraged to overcome difficulties during the negotiation of licenses, and to resolve disputes that arise in the context of their execution.

Online content-sharing services that provide access to content uploaded by their users have become the main source of access to content online. This model facilitates the dissemination of content, diversify the cultural offer, and is as such an important medium of cultural diversity. However, greater dissemination of content correlatively increases the risk of copyright infringement, notably when contents are uploaded without the prior permission of the rightholders.

Directive 2019/790 regulates both the liability of online content-sharing service providers and the licensing market between rightholders and these services providers, notably by ensuring a mechanism granting fair compensation for rightholders.

The directive notably provides for the use of alternative dispute resolution for users whose access to content has been blocked or whose content has been withdrawn at the request of a rightholder. In order to avoid a long interruption in the access to the content, the fast procedure of mediation is an essential tool.

Making available audiovisual works through VOD (video-on-demand) services relies on a rights licensing system. In order to ensure a wide access to contents, European Directive 2019/790 encourages the use of mediation in the case of a dispute or difficulty arising during the negotiation of the licensing agreements. The mediator is thus responsible for providing assistance to the parties in the negotiation.

There is a wide range of agreements related to intellectual property rights : exploitation of rights on a product or a work (software, pharmaceutical product, musical work, etc.), publishing agreement, distribution agreement, licensing agreement, research & development agreement, employment contract, etc.).

For such agreements, it is crucial to set up clear rules about the distribution of intellectual property rights, their revenues, the type of allowed exploitation, etc. In the case of a disagreement on one of these crucial aspects of IP related agreements, mediation provides a quick and effective solution.

For instance, in the context of negotiating a distribution contract for an innovative product, it is essential to reach a rapid agreement, to not delay unnecessarily the launch of the product. Mediation allows this fast execution.

The essential function of a trade mark is to serve consumers as a guarantee of the origin of the goods and services, and to allow consumers to distinguish between similar products and services. The trademark offers effective protection against the use of identical or similar signs that creates a likelihood of confusion in the mind of the relevant public.

It is a key element in a company's marketing strategy (in terms of advertising, reputation, and identification). The same goes for the company name, or even the domain name.

The coexistence of two identical or similar trade marks can cause severe harm to the owner of an earlier trademark. Counterfeiting? unfair competition ? If the temptation to go to court to obtain a condemnation is strong, one should not underestimate the benefit of finding a peaceful coexistence agreement, allowing each party to the conflict to pursue their respective activities without harming each other. Mediation makes this kind of pacific agreement possible, through a fast and cost-efficient procedure. The judges themselves very often encourage the parties to switch to mediation instead of a long and uncertain lawsuit.

Intellectual property rights are at the heart of research & development agreements (partnerships, spin-offs, joint ventures). Experience shows that disputes arise with regards to the distribution of the rights, their transfer, or their exploitation, delaying the progress and the profitability of a project.

Here again, mediation shows its full effectiveness by providing a quick and appropriate answer. IP Mediate collaborates with mediators and experts specializing in the intellectual property as well as in a wide range of technical and scientific areas, to identify fair solutions adapted to the relevant industry standards.

Copyright are attached to original creations, such as texts, musical works, but even software or databases.

Copyright grants exclusive rights on the reproduction, adaptation, arrangement, translation, distribution, and communication to the public of the work. The author is in principle free to exploit his work directly, or to license the uses of their work. The European legislator has recently adopted a new framework, strengthening the rights of rightholders, notably their right to claim for a fair remuneration, to obtain accurate and transparent information regarding their rights, and the right to adapt or the terminate the agreements.

As an alternative dispute resolution procedure, mediation is considered by the legislator as an essential tool to resolve practical or legal difficulties arising in the context of the exploitation of copyright. To facilitate access to these procedures, mediations can even be initiated by the authors' representatives (agents).