Description
Step into a world where innovative minds converge to explore the art of resolving intellectual property disputes through mediation. This ground-breaking event, jointly organised by the Bar Council Intellectual Property Committee, Bar Council Mediation Committee and the World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center, and the Malaysian International Mediation Centre (“MIMC”), aims to introduce the inner workings of mediation for intellectual property (“IP”) matters by bringing together esteemed speakers from diverse corners of the globe, each hailing from countries with well-established structures for intellectual property mediation.
This workshop will discuss mediation as a dispute resolution process and the integration of alternative dispute resolution (“ADR”) into court processes for efficient resolution of disputes. The role of IP lawyers and those in the IP industry as mediators and advocates in consensual processes will be a focus in the session. Codes of conduct for mediators, lawyers and parties, as well as mechanisms for the referral of IP disputes to mediation, will be canvassed. These issues will be investigated from an international perspective.
The WIPO Arbitration and Mediation Center will provide an overview of its work and specialised WIPO ADR services, including its work in relation to fair, reasonable and non-discriminatory (“FRAND”) and life sciences disputes. There will also be a discussion on WIPO ADR clause drafting, online conduct of mediations, deal mediations and WIPO ADR case experience.
Through talks, discussions, case studies, and interactive workshops, we will explore cutting-edge strategies for conflict resolution. Be part of this momentous event and return home empowered with an opportunity to be a part of the crowd that shapes the future of intellectual property disputes worldwide. Mark your calendars for this transformative workshop; be a part of the solution.
Speaker
Speakers and Moderators
Karen Abraham (Moderator)
Chairperson, Bar Council IP Mediation Task Force; Member, Bar Council Intellectual Property and Mediation
Committee
Karen Abraham heads the Intellectual Property Department at Shearn Delamore & Co., Kuala Lumpur. She is the Asia
Pacific Regional Forum Liaison Officer of the International Bar Association (“IBA”), and she sits in the IBA Intellectual Property and Entertainment Law Committee. Her practice covers all areas of intellectual property, technology, media and telecommunications, data protection, and competition law. She has more than 30 years of litigation experience in intellectual property matters, appearing in the apex Court in Malaysia.
She has been appointed as an accredited member and a “Representative Neutral” of the Federation of Integrated
Conflict Management. She is a member of the INTA Trademark Mediators Network (“TMA”), formerly known as the Panel of Neutrals, an international roster of pre-screened, INTA-affiliated mediators. She was involved in the Asian International Arbitration Centre’s (“AIAC”) establishment of the Domain Name Dispute Resolution (“DNDR”) process, and has presided on the AIAC DNDR where she frequently assists parties in resolving disputes regarding internet domain names. She is also qualified under the WIPO Mediation Center in Geneva, an associate member of the UK Chartered Institute of Arbitrators and a panel member of the Malaysian Mediation Centre. She is the co-contributor on intellectual property and DNDR for Arbitration in Malaysia: A Practical Guide, a comprehensive local guide for practitioners published by Sweet & Maxwell.
Margarita Kato (Speaker)
Representative, WIPO Arbitration and Mediation Center (Singapore)
Margarita (Rita) Kato is the Representative of the WIPO Arbitration and Mediation Center’s Singapore office. Rita manages arbitration and mediation cases under the WIPO Rules, including mediation cases relating to FRAND disputes. Rita is an English solicitor and holds an LLB from the London School of Economics. Prior to the joining the WIPO Center in 2020, Rita practised at an international law firm based in London, which included time spent working in their Geneva and Singapore offices.
Mary Walker (Speaker)
Co-Chair, IBA Mediation Committee (2020-2021); Chair, IBA Mediation Committee Advisory Board (2022-23)
Mary Walker (OAM) has been at the forefront of ADR in Australia for the last 33 years. During this period, as a member of an independent Bar, Mary has arbitrated, mediated, facilitated and negotiated across jurisdictions and substantive legal areas, multi-party complex disputes including class actions; designed dispute resolution systems and provided expert appraisal and ombudsman services to thousands of disputes referred by solicitors, industry and government bodies and corporations both domestic and international.
Mary is a multi award-winning mediator. To name a few, Mary is a Fellow of the Australian Dispute Resolution Association (“ADRA”), awarded for Outstanding Contribution to Australian Dispute Resolution in 2017, and was awarded a Medal of the Order of Australia (“OAM”) for “Service to the Law “in 2021.
She has mediated over 8,000 matters and is a member of many mediation panels including superior court panels in Australia, IMI, SIMC, Centre for Effective Dispute Resolution (“CEDR”), JIMC-Kyoto Mediator Panel, CCPIT (Beijing) Mediation Panel and the Abu Dhabi Global Market Financial Centre (“ADGM”) among others. Mary was Co-Chair of the IBA Mediation Committee for the term 2020-2021 and Chair of the IBA Mediation Committee Advisory Board (2022-23).
She is Chair of the Law Council of Australia International Law Section, Co-Chair of the International ADR Committee and Chair of the Federal Litigation and Dispute Resolution ADR Committee. She has been a member of many taskforces on mediation and ADR including as a member of the ICC Commission on Arbitration and ADR Task Force on ADR and Arbitration (Paris, 2020-2022) and committees such as the Supreme Court of NSW ADR Committee. She is also Co-Chair of the International Bar Association and Vienna Arbitration Centre CDRC Advisory Committee (2023).
Shanti Abraham (Moderator)
Member, Bar Council Mediation Committee; International Mediator, Singapore International Mediation Centre (“SIMC”)
Shanti Abraham, prior to forming her boutique practice, Messrs Shanti Abraham & Associates in Kuala Lumpur, has practised as an advocate and solicitor in Singapore and Kuala Lumpur. Shanti has been in legal practice for over 25 years. She is an international mediator with the SIMC and a Principal Mediator with the Singapore Mediation Centre. She is also a Fellow of the Chartered Institute of Arbitrators, a CIPAA adjudicator and a SIMI and International Mediation Institute-certified (“IMI”) mediator and she teaches and advocates for the use of mediation in dispute resolution, both locally and internationally. She is a member of the Bar Council Mediation Committee where she contributes as part of the IP Mediation Task Force among others.
Jonathan Agmon (Speaker)
Founding Partner, Soroker Agmon Nordman Pte Ltd
Jonathan is an attorney with a focus on intellectual property, primarily in prosecution and litigation of IP rights with some 30 years of experience. Jonathan received his LLB degree with honours from the East London University (UK) and his LLM from the George Washington University in Washington, DC. In his practice, Jonathan engages in arbitration and mediation of IP rights, both as counsel and as arbitrator and mediator. Jonathan is a WIPO arbitrator and mediator and serves often on WIPO domain name panels.
Abhilasha Nautiyal (Speaker)
Founding Partner, Ira Law, India
Abhilasha is a founding partner of Ira Law, New Delhi. Before starting Ira Law in 2018, Abhilasha was a partner at Anand and Anand. She is a 2010 graduate of Army Institute of Law, India and a 2014 graduate of Harvard Law School, USA.
Abhilasha is a visiting lecturer at the National Law University, Delhi where she has co-taught seminar courses on IP and ancillary laws and the LL.M. professional course.
Abhilasha focuses on IP dispute resolution, including litigation and mediation, IP licensing and competition law. She regularly advises and represents clients in both complex IP litigation and mediation mandates.
Terms and Conditions
Event Policy
Places are limited and registration is on a first-come, first-served basis.
For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.
For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.
Cancellation
Cancellations must be made in writing.
If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.
Refunds
Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:
- Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
- No refunds for this course. However substitution is allowed.
The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.
Transferral
You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.
Attendance
CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
Privacy
The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.
Disclaimer
- Materials will be emailed only. No printed notes will be provided.
- No recording of the event is permitted via any means at any time.
- No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).
