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Dissertation
Immaterialgüter- und Wettbewerbsrecht

Mediation and the Out-of-Court Settlement of Disputes in Intellectual Property Law in Europe

Optimal enforcement mechanism for IP right is the key to substantiate its global transaction. Whilst mediation and the out-of-court settlement mechanism are not panacea, they shall contribute to improve IP rights enforcement mechanism, in particular in case where cross-border disputes are at stake.

Letzte Änderung: 01.03.13

As the worldwide litigations in the telecommunication industry related to patented technology over smartphone illustrate, the mobility of IP rights boosts commercialisation and licensing at global scale and increases the number of cross-border disputes. In Europe, however, the enforcement of IP rights faces difficulties due to its fragmented, duplicated and high cost court mechanism. Against this background, the better access to justice has always been at stake, but the attempt to replace court proceedings by arbitration in the framework of ‘alternative dispute resolution’ did not prove very successful. Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters can therefore be a powerful instrument to encourage the use of the out-of-court settlement mechanism such as mediation and conciliation. By covering two wide fields of research, namely, IP law and civil procedure law, the project shall clarify the following questions in particular: the effect of the European law, whether general law or IP law, on the national provisions on mediation and conciliation; the extent to which the European law allows self-regulation of this nature in the field of IP law; the function performed by the current national provisions in this regard, and its potential function; any deficits flowing from this. Comparative approach shall be employed as a means of conducting research in particular in law of Europe, France, Germany, Japan and the UK, as well as in institutional mechanisms such as dispute resolution centre and patent office ADR services. The dissertation shall be consisted of two pillars: evaluation of mediation and nonadjudicatory dispute resolution mechanism from IP law perspective and proposals for optimising these mechanisms into the IP system by placing Europe as a role model.

Personen

Doktorand/in

Asako Wechs Hatanaka

Betreuung

Dr. Thomas Jaeger

Doktorvater/-mutter

Assoc. Prof. Dr. Christophe Geiger

Forschungsschwerpunkte

Alternative Streitbeilegung