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＜departmental bulletin paper＞
Designing Mandatory Mediation for IP Disputes: An impediment to the right of access to court?
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| Abstract | The UK is on the verge of implementing mandatory mediation in the civil procedure rules. The EU is also shifting its IP policy to give an increased role to mediation for IP disputes, as can be seen in... the new dispute resolution framework for online copyright infringement in the Single Digital Market Directive and the Digital Service Act, and the proposed Regulations on Standard Essential Patents and on Geographical Indications. At first sight, mandatory mediation appears to interfere with the fundamental right to access to court. This paper outlines the legal context and the normative margin of admissibility of procedural compulsion, as outlined by the ECtHR and the CJEU in the light of the principles of legitimacy and proportionality. Subsequently, it provides an analysis of the implications of mandatory mediation for IP disputes and addresses a toolbox for the legitimate and proportional compulsion.show more |
| Table of Contents | Introduction Chapter 1 Variations of Mandatory Mediation Chapter 2 Principle of Legitimacy and Proportionality of Mandatory Mechanism Chapter 3 Fitting Mandatory Mediation in IP Room Conclusion |
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| Created Date | 2024.01.16 |
| Modified Date | 2024.01.31 |