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TN/SIT/37
Edition 2027 · effective 1 January 2027

Cross-border · Technology, data and AI licensing

Code, data or a model was licensed. Now the parties disagree about what it may be used for.

Technology disputes need experts who understand the technology. Expert determination and evaluation answer technical questions; mediation settles the commercial ones.

§ 01What it looks like

Recognise it early. The earliest moment is the cheapest.

Early signals

What you notice first

Small, and easy to explain away.

  • Scope of use disputed
  • Data used to train models
  • Royalty audits
  • Service levels missed
What is at stake

What waiting can cost

Usually more than the original issue.

  • IP and trade secrets
  • Product roadmaps
  • Regulatory compliance

§ 02The Neutral route

Usually: Expert Determination.

A technical expert can decide what the code or data actually does, fast and confidentially.

Human checkpoint. Guidance, not legal advice. You choose the role; the Neutral discloses conflicts and accepts a mandate before any file is shared.

§ 03The steps

What a good process looks like.

  1. Define technical questions preciselyBefore anything else01
  2. Agree a technical expertThe moment independence enters02
  3. Protect confidentialityWhere the work is done03
  4. Mediate commercial termsSo it holds04

§ 04Prepare and avoid

What to bring. What to leave out.

(Bring)

01

Licence and data agreements

02

Technical documentation

03

Audit reports

04

Regulatory requirements

(Avoid)

✕

Public litigation that exposes trade secrets

§ 05Your version

Every situation is different. Describe yours.

Write in your own words. Leave out names and confidential details.

§ 06Related

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