[Med04] Professional Mediation Specialist Certification Training Course – Intellectual Property Mediation Specialist

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Course Description

Protection of intellectual property (IP) is important as it fosters innovation. Without proper IP protection on innovations in business and product development, owners’ benefits and values would be challenged by different risks, and this is one of the reasons for international disputes on IP. As a mediator, it is crucial to equip themselves with adequate IP knowledge in classifications, concepts, and specific handling techniques while resolving an IP mediation case. This course provides a basic general overview of intellectual property law: patents, trademarks, copyrights, and technology transfer. It explores the fundamental concepts of these laws and how these laws interrelate with each other.

Objective:

The aim of this subject is to provide students with a solid foundation in the intellectual property aspect. Students will acquire the ability to identify and solve problems arising from the international nature of the intellectual property. Via lecturing on the theories, sharing on case studies and case exercises, participants will be able to reinforce their competence in resolving IP mediation cases in both the Hong Kong settle and internationally.

Successful completion of the course and fulfilling the requirements of the end-of-course assessment, you will be eligible to be enlisted on the Specialist Panel of the Hong Kong Mediation Centre (HKMC) or/and Specialised Expert Panel of International Dispute Resolution and Risk Management Institute (IDRRMI), specific for the Intellectual Property mediation.

Course Contents：

• Introduction to Intellectual Property
  • IP Concept
  • IP Classifications
  • International Intellectual Property Convention
• Trademark Concept
  • Trademark Classifications
  • IP Classifications
  • Trademark Application Procedure
  • Trademark Dispute
• Patent
  • Patent Concept
  • Patent Characteristics and Classifications
  • Patent Application Procedure
  • Patent Dispute
• Copyright
  • Copyright Concept
  • Copyright Classifications
  • Copyright Application Procedure
  • Copyright Dispute
• Technology Transfer
  • Technology Transfer Concept
  • Technology Contract
  • Technology Secret
• The benefit of Mediation for different stakeholders in Intellectual Property Dispute
• Overview of Intellectual Property Mediation Scheme, workflow and case management
• Collaborating with parties, solicitors, and mediation advocates in Intellectual Property dispute and mediation
• Mediator’s preparation in Intellectual Property (Pre-mediation session) and exercise
• Formulating mediation strategy and parties’ negotiation strategy in Intellectual Property mediation (and exercise)
• Mediation session specifically for Intellectual Property mediation (exercise) and drafting materials
• Drafting Mediation Settlement agreement / MOU in Intellectual Property mediation
• Role play 1
• Role play 2
• Written Assessment

Trainer：

Dr Alex Lau (Trainer of AIDRN)

Dr. Lau has gained profound knowledge and experience on legal aspects of the intellectual property market through his involvement in the legal industry for over twenty years. Besides, being the partner of the Hong Kong Intellectual Property Advisory Services Limited (IPAS), he is, currently, the coach, assessor of the Hong Kong Mediation Centre and an accredited mediator of the HK Mediation Accreditation Association Limited.

Target Participants：

Individuals who participated in General Mediator Training Course from a recognised organisation or HKMAAL/ IDRRMI Professionally qualified mediators who are

• interested in enhancing knowledge in intellectual property
• interested in obtaining advanced mediator qualification
• interested in enlisting in the mediation specialist panelist of HKMC or/and IDRRMI

Certification ：

Upon completion of this specialised course

• Students attaining 80% attendance in the course and passing the end-of-course will be awarded a Certificate of Completion
• Candidates with the Certificate of Completion are eligible to apply to be the Intellectual property Mediation Specialised Panel at HKMC or/and IDRRMI within a year upon the completion of the course.
• Applicant must fulfill the requirement of entering the professional mediator panel set by HKMC or/and IDRRMI.

Professional Qualification :

• Participants who successfully complete the course are eligible to apply and register to be enlisted on the IDRRMI (international mediation expert) or/and HKMC (advanced mediator) list, namely in the Intellectual property panel.
• Titled as IDRRMI (IME-IP) or/and HKMC (AM-IP)

The Course is recognised by :

• Hong Kong Mediation Centre
• International Dispute Resolution and Risk Management Institute
• International Professional Advocate Association
• Hong Kong International Mediation Centre
• Hong Kong Centre of International Commercial Arbitration