HomeSituationsCross-borderTechnology, data and AI licensing
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.
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 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.
Expert Determination
The expert decides the defined question.
Also used · AdvisoryNeutral Evaluation
You decide. The evaluator advises.
Also used · Binding only if the parties sign an agreementMediation
The parties decide. The mediator never imposes.
§ 03The steps
What a good process looks like.
- Define technical questions preciselyBefore anything else01
- Agree a technical expertThe moment independence enters02
- Protect confidentialityWhere the work is done03
- 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.
§ 06Related