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Words: | Submitted: Fri Jan 28 2005
... step to litigation. Rule 24.1 of the Ontario Rules of Civil Procedure was implemented with the specific mandate "to reduce costs and delay in litigation and facilitate the early and fair resolution of disputes'1. At first glance, this rule appears to be in complete accordance with the needs of intellectual property litigants. Disputes involving patents and copyrights, for example, require expedient resolution as the matters in dispute may become obsolete before a litigant receives the trial judgment. This paramount concern of efficient resolution of intellectual property disputes is derived from the rapidly changing technological environment in which these conflicts often arise. Due to the unique sensitivities involved in intellectual property litigation, it is truly a class of dispute which embodies the old adage of "justice delayed is justice denied"2. With the manifest purpose of infusing momentum into the litigation process, mandatory mediation in the context of intellectual property clearly appears ...
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