New WIPO ADR Guide for IP Cases

The Arbitration and Mediation Center (AMC) of WIPO, the World Intellectual Property Organization, just released an updated guide providing an overview of Alternative Dispute Resolution (ADR) processes for intellectual property disputes. Since intellectual property portfolios became an essential part of business value, businesses started looking at more efficient methods to settle disputes than litigation. WIPO's AMC was created almost 25 years ago, recognizing a growing ADR trend where international parties informally gathered to settle disputes without litigation. The new WIPO guide is designed to provide an overview of ADR processes without purporting in any way to be authoritative or prescriptive. Chapter One of the guide offers background information concerning the early use and rise of ADR around the world, followed in Chapter Two by a description of potential advantages of ADR for intellectual property disputes. Chapter Three explains in more detail the different ADR procedures that may be used in intellectual property disputes, while Chapter Four outlines some practical considerations that may be relevant for IPOs and courts that wish to institutionalize such ADR procedures. For the substantive and procedural implementation of such procedures, the guide identifies as a core element the interface with existing regulations. The guide reminds litigants that ADR processes can deliver outcomes that provide a certain and conclusive resolution to disputes. This finality is a clear advantage for ADR, as the complexities of intellectual property litigation can make outcomes uncertain. Legal judgments can be overturned on appeal and jurors that often lack technical expertise may make incorrect decisions. See more here-- https://bit.ly/2vpuocT

The French Do It Better? Je dis ça, je dis rien

French consumers must currently bring claims against French companies to court. Though come 2016, French companies offering goods and services to consumers will need to provide mediation mechanisms-- free of charge-- in disputes arising from poor performance of a merchandise sale contract or a service agreement. The new requirements come with implementation of recent EU Directives on alternative dispute resolution for consumer disputes. The rules are applicable to any individual or legal entity, whether public or private, acting as part of a commercial, industrial, non-industrial or free market activity. Both domestic and cross-border disputes are subject to these rules. As such, companies must provide consumers with mediator contact details in a clear and legible manner on their website along with their TOC of sale or services, their purchase orders or any other relevant media. Consumer mediation will be observed, evaluated, and controlled by a new entity called the Commission for the Evaluation and the Control of Consumer Mediation (la Commission d’évaluation et de contrôle de la médiation de la consommation – CECMC). Reportedly, mediation will remain an option for consumers and will not be obligatory. Non-compliance on the part of those parties subject to the rules can be administratively fined up to three thousand Euros for individuals and €15,000 for corporations. See more here-- http://bit.ly/1OdhQvr and http://bit.ly/1JuKjbK