FEATURES OF MEDIATION IN RESOLVING DISPUTES CONCERNING COPYRIGHT AND RELATED RIGHTS

Authors

DOI:

https://doi.org/10.32999/ksu2307-8049/2024-4-2

Keywords:

alternative dispute resolution, mediation procedures, copyright, related rights, mediation effectiveness, legal regulation of mediation, business relationships, mediator professionalism, mutually beneficial agreements, intellectual property conflicts

Abstract

Purpose – to explore the features of mediation as an alternative method for resolving disputes concerningcopyright and related rights. The study aims to assess the effectiveness of mediation procedures in resolvingsuch disputes, focusing on the main advantages and disadvantages of this approach.Methods. The article employs a comprehensive research approach, including an analysis of legal normsregulating mediation in the field of copyright and related rights, as well as a comparative analysis of the practiceof mediation in different jurisdictions. Qualitative and quantitative analysis methods were used to evaluatethe effectiveness of mediation procedures, including expert surveys and statistical data analysis.Results. The research indicates that mediation is an effective tool for resolving disputes concerning copyrightand related rights. The application of mediation procedures allows parties to reach mutually beneficial agreements, reduce litigation costs, and maintain business relationships. However, the success of mediationlargely depends on the professionalism of the mediators and the willingness of the parties to cooperate. It wasalso noted that there is a need for clearer legal regulation of mediation in this area to enhance its effectiveness.Conclusions. Mediation procedures are a promising method for resolving disputes concerning copyrightand related rights, which can significantly improve the efficiency of conflict resolution. For the furtherdevelopment of mediation, it is necessary to improve legal regulation, enhance the training of mediators,and promote the advantages of this method among potential dispute participants.

Published

2024-10-02

Issue

Section

SECTION 2 CIVIL LAW AND CIVIL PROCESS; FAMILY LAW; INTERNATIONAL PRIVATE LAW