NIPC News

Jane Lambert Earlier this year I discussed mediation as a method of resolving IP disputes (see IP Mediation 22 May 2015). Mediation is a form of alternative dispute resolution ( "ADR" ) , that is to say resolving a disputes without going to court.  ADR offers a number of advantages which the World Intellectual Property Organization ( "WIPO" ) listed in ADR Advantages . As I noted in my previous article "the courts and the Intellectual Property Office ( "IPO" ) hearing officers expect parties to consider mediation or some other form of alternative dispute resolution before issuing proceedings" in every case. In that article I described mediation as "chaired" or "facilitated" negotiation. Like all forms of negotiation it works through consent. However. there are some disputes that can never be resolved in this way.  They require an  adjudication , that is to say a decision based on a finding of fact and law....

WIPO Head Office Photo Wikipedia Jane Lambert Last Wednesday I attended the annual domain name panellists' meeting at the World Intellectual Property Organization ("WIPO") 's head office in Geneva. The meeting normally takes place on the third Monday of October but this year it was postponed until December. The WIPO is one of five domain name dispute resolution service providers that have been approved by the Internet Corporation for Assigned Names and Numbers ("ICANN")  for the resolution of disputes between trade mark owners and those who have registered domain names. The other service providers are the Arab Centre for Dispute Resolution , the  Asian Domain Name Dispute Resolution Centre , the Czech Arbitration Court Arbitration Centre for Internet Disputes  and the National Arbitration Forum . By a memorandum of understanding between the US Department of Commerce and ICANN dated 25 Nov 1998 the US government entrust...

Jane Lambert In his Final Report in his Chancery Modernization Review Lord Justice Briggs recommended a closer focus on ADR at case management conferences ( "CMC" ) and, in particular, that "case management should be seen to be directed toward dispute resolution, rather than merely preparation for a full trial which is unlikely to take place." He specifically recommended requirements for parties to address the timing, type of and impediments to ADR in an expanded questionnaire before the first CMC and for the court at the first CMC to give detailed consideration to assisting the parties in the choice and timing of ADR. Traditionally, ADR has been seen as an alternative to litigation rather than a set of options to facilitate the speedy and cost-effective resolution of a dispute. It is perhaps one of the consequences of the decision in Scott v. Avery , (1856) 5 H.L.Cas. 811. In fact, mediation, early neutral evaluation and all the other methods of d...