Mediation of Intellectual Property disputes

Legal and practical context. Mediation can bring real benefitsin avoiding protracted and costly IP litigation and is suitablefor most IP disputes except where a matter of principle, suchas construction of patent claims, requires resolution. Key points. Mediation may be used at any time to resolve a dispute.The courts can give robust encouragement by means of costs sanctionsand ADR orders but cannot compel the use of mediation. The Proceedsof Crime Act 2002 may apply to some mediated settlements, particularlythose involving trade mark and copyright infringement disputes. Practical significance. The courts and the Patent Office areactively seeking ways to encourage mediation of IP disputesand the Patent Office has announced the setting up of a mediationscheme.     

South Africa: Touched by the vengeance of AIDS 1

The HIV/AIDS epidemic in South Africa is at a critical phase. Until now, the spread of HIV/AIDS has not been controlled, and the government has yet to adopt a coherent policy. The National AIDS Plan, developed in 1994, is largely unimplemented, despite having been praised as an innovative programme. Complicating the situation are the politics between government and various non‐governmental organisations (NGOs) over the control of resources on one hand, and the control of turf on the other. Perceived incompatibilities in agendas cause infighting between NCOs themselves and between NCOs and government. A successful HIV/AIDS policy in South Africa must include the efforts of government, NCOs and communities.