Mediation Clauses for Patent and Trademark License Agreements

A mediation clause is most useful when it answers the process questions that arise after a dispute starts. “The parties will mediate” may be a beginning, but it may not identify the trigger, the mediator, the place, the timing, or what happens if the process does not resolve the dispute.

When drafting an IP license clause, consider:

- which disputes are subject to mediation;

- whether a party must give notice and allow a cure period first;

- who selects the mediator and what qualifications matter;

- the mediation provider or rules, if any;

- location, remote participation, language, and allocation of fees;

- confidentiality and treatment of pre-existing protected information;

- whether emergency injunctive relief remains available;

- whether mediation pauses deadlines or only starts a conversation; and

- what happens if mediation ends without settlement.

Patent and trademark disputes may involve technical experts, license audits, product launches, customer confusion, or ongoing infringement. The clause should fit the commercial relationship and should not accidentally prevent a party from preserving a claim, seeking urgent relief, or complying with a deadline.

The governing law and the forum should be coordinated with the mediation language. A clause that is clear about process but silent about emergency relief, limitations, or enforcement may create a second dispute before the first one is addressed.

General information only; not legal advice. Enforceability depends on the agreement, forum, language, and facts.

Sources: WIPO Mediation Rules (https://www.wipo.int/amc/en/mediation/rules/); WIPO model clauses (https://www.wipo.int/amc/en/clauses/); the proposed license and applicable contract law.