economy

Mediation is a key mechanism for faster and more efficient protection of intellectual property

Photo: Center for Alternative Dispute Resolution

Mediation is not only an alternative, but an indispensable tool of the modern legal and economic system, which contributes to the faster realization of justice, strengthening legal certainty and the development of a competitive business environment, it was assessed at a conference in Podgorica.

The conference entitled The Advantages of Resolving Intellectual Property Disputes through Mediation, held at the Hilton Hotel, brought together representatives of mediation, the judiciary, authors, authors' organizations, and the business community, confirming that mediation is increasingly taking its place as one of the key mechanisms of the modern legal system.

The event, organized by the Center for Alternative Dispute Resolution and the Ministry of Economic Development, opened an important dialogue on the need for a more efficient, faster and more sustainable approach to resolving disputes in the field of intellectual property, which is of strategic importance in the era of digitalization and the global market.

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The Director of the Center for Alternative Dispute Resolution, Maja Golović Vojinović, pointed out that traditional court proceedings are often a lengthy and expensive process that can further damage business relationships.

"In areas that depend on cooperation, innovation and knowledge exchange, maintaining business relationships has immeasurable value. This is where mediation shows its full strength," said Golović Vojinović.

She stated that since 2021, the Center has received as many as 624 cases in the field of intellectual property, and that it is necessary to further encourage authors to more actively use this mechanism to protect their rights.

The Director General of the Directorate for Criminal and Civil Legislation at the Ministry of Justice, Jelena Grdinić, said that disputes in this area often last for years and incur high costs, while mediation enables faster, more economical and discreet resolution.

"Mediation gives the parties control over the process and opens up space for creative, commercially viable solutions that a court ruling cannot offer," Grdinić pointed out, adding that the amendments to the Law on Alternative Dispute Resolution from last year are aimed at making mediation the first choice in resolving certain types of disputes.

The Director General of the Directorate for Internal Market and Competition at the Ministry of Economic Development, Jasna Vujović, emphasized that intellectual property is one of the key pillars of an economy based on knowledge and innovation, and that Montenegro has made significant progress in this area, with a high degree of compliance with European Union (EU) law.

"In a world where innovation and knowledge are key capital, mediation allows disputes to be resolved faster, easier and at lower costs, while preserving business relationships and protecting sensitive data," said Vujović, emphasizing that a modern approach to protecting intellectual property rights also implies a stronger application of alternative mechanisms.

During the panel discussions, experts in their fields, Dragana Ranitović, Dijana Raičković, Itana Folić, Ana Stanković Mugoša and Ibrahim Smailović, further emphasized the importance of raising awareness about the benefits of mediation, improving the capacities of mediators and intensifying cooperation between institutions, so that this model of dispute resolution is even more accessible and efficient in practice.

The conference concluded that the future of resolving disputes in the field of intellectual property lies precisely in mediation.

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