What would a good resolution look like
Decide what result you want (removal, credit, payment, a license or a decision) before you choose a step, because each step can deliver only some of them.
By IPRights4All
This article helps you choose a goal for any IP dispute; the remedies you can get and what a signed agreement binds you to are set by the law of the country and forum you use.
‘I want to enforce my rights’ sounds decisive, but it does not tell you what to ask for. Would you be satisfied if a photograph came down? If a client paid for an extra use? If customers stopped confusing two businesses? Write down the result you want before you pick a step. The result decides which step fits.
The result may be smaller or larger than removal
An illustrator discovers that a long-standing client has reused a campaign image. The illustrator wants the relationship to continue and wants the extra use recognized and paid for. A different creator finds an anonymous shop presenting their work as its own. That person mainly wants the listing gone and the confusion to stop. Neither example settles whether there was infringement. They show that two people with similar facts need different responses.
Name your result in one line. Common ones:
- the material removed or the listing taken down
- a correction or proper credit
- payment for a use that already happened
- a license for future use, on terms you set
- a transition period before the other side stops
- a decision by a neutral third party
If you are the one accused, name your goals too: understand the claim, keep a use that matters to you, avoid admitting more than the facts support, limit disruption, or fix a genuine mistake fairly. Whichever side you are on, state the result in terms the other side can act on. If you received a formal letter, read Reading a demand letter without assuming it is a verdict before you reply.
Match the conversation to the problem
Each step delivers some results and not others:
- Ask for information when you do not know who supplied the material or which permission they relied on.
- Offer a license when you are fine with the use but want terms and payment. A license gives someone permission to use your work while you keep ownership; an assignment sells the right outright 1. Payment can be a lump sum, recurring royalties, or both 1.
- Use the platform's report procedure to get an online listing or post removed; see How platform reports and takedowns work.
- Negotiate a settlement or start a formal proceeding when you need payment for past use or a binding decision; see Small claims and mediation for an IP dispute.
These steps are not a ladder you must climb in order. Skip direct contact when the other side is anonymous or contact would only escalate things, and go straight to the platform or a formal route. The most intimidating letter you can send is no substitute for knowing whether you want a correction, a payment, an agreement or a decision.
Consider the relationship and the cost of attention
A dispute eats time you meant to spend making the next thing. That does not make your concern trivial. Put the time, money, uncertainty, risk to your business and personal strain on the same page as what you might recover. A cheap response can be the right one; an expensive one is worth it when the use threatens something important to you.
If both sides want a workable arrangement, propose mediation. The mediator helps you reach your own agreement and does not impose a decision, and either side can end the mediation at any stage 2. In WIPO mediation, offers and admissions made during the process generally cannot be used later in court or arbitration, and you can mediate even while a court case or arbitration is under way 2. Because the outcome is yours to shape, it can be built around your future relationship, for example a transition period or a future license 2. Not every mediation ends in a settlement 2, and it only works if the other side engages.
To start mediation at WIPO, send a Request for Mediation to the WIPO Arbitration and Mediation Center and a copy to the other party, by email or through WIPO's online form. If you have no agreement to mediate, use the Unilateral Request for WIPO Mediation: filing it carries no administration fee, and the Center invites the other side to join 3. If both sides go ahead, you pay an administration fee and the mediator's fee, set by WIPO's current schedule 4 and split equally unless you agree otherwise 2.
Leave room for a resolution you can actually live with
Before you accept a proposal, check what it covers beyond the headline:
- past conduct: is the use that already happened dealt with, and how?
- future use: what may the other side keep doing, where, and for how long?
- payment: how much, when, and is it a lump sum or ongoing?
- credit and corrections
- confidentiality: can either side talk about the dispute or the deal?
- continuing obligations: what must each side keep doing after signing?
- coverage: does it settle the whole disagreement or only one part?
A fast payment or a quick removal can leave another important issue open. The terms that decide how a deal will feel later walks through these terms. Have an IP lawyer qualified in the country whose law governs the agreement read a settlement before you sign it, because what it releases and what it leaves open decides whether the dispute is really over.
You can also decide not to pursue a concern. Make that choice after you know your options, so you know what you are giving up. The point of learning about enforcement is not to fight every use. It is to get the result that actually makes your situation better.
Recommended next reading
- How platform reports and takedowns workIf the result you want is an online listing or post taken down.
- Small claims and mediation for an IP disputeHow mediation and the U.S. Copyright Claims Board work when talking directly has stalled.
- The terms that decide how a deal will feel laterIf the solution is a license or settlement, check the terms that will matter later.
Tangentially related reading
Explore the full Learn map for every article and reading sequence. Members can ask Tilly about this article; Tilly cites the articles it uses. Or copy the Learn prompt into your own AI assistant.
Sources
- IP Assignment and Licensing · WIPO
- Mediation Frequently Asked Questions · WIPO
- Filing a Request for Mediation · WIPO Arbitration and Mediation Center
- Schedule of Fees and Costs (Mediation) · WIPO Arbitration and Mediation Center
Citation: “What would a good resolution look like”, IPRights4All. https://iprights4all.com/learn/choosing-a-dispute-outcome