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Abstract

Extract:

Throughout Australia, voluntary mediation is commonly used to resolve a variety of commercial disputes, yet intellectual property (IP) disputes are a subset of commercial dispute in which mediation appears to be seldom used. This can partially be attributed to the fact that a certain percentage of IP disputes require judicial determinations. However, anecdotal evidence suggests that in Australia, mediation is simply not the primary dispute mechanism considered by practitioners in the absence of a court order or contractual agreement.

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