Worrying

[grandin]

Patent Office Mediation Service judged a success
The Patent Office has won a prestigious award in this year’s annual CEDR Excellence in Alternative Dispute Resolution Awards for the introduction of a new mediation service to help companies and individuals involved in intellectual property (IP) disputes.

The award ceremony held on 29 September is an annual event organised by CEDR, The Centre for Effective Dispute Resolution, and was attended by 250 leading figures from the Alternative Dispute Resolution and legal community.

Against tough competition the Patent Office Mediation Service won the Public Sector Award. The independent panel of judges said;

“That the Patent Office had made an extraordinary achievement in introducing ADR (alternative dispute resolution) into its work in resolving disputes. It showed leadership and innovation, with the ability to impact on how an entire sector will manage its conflicts.”
Ron Marchant Chief Executive of the Patent Office said;

"Effective enforcement of rights is one of our priorities, and we hope that in the future mediation and our mediation service will make an increasing contribution to resolution of disputes as an alternative to expensive court action."

 

[russ]

Why is this worrying?

 

[grandin]

Award

Nominet one an award and now patent office....

Nominet won an award for the drs and the drs is now being revamped

patent office mediation won an award and..???

I have not seen many companies win awards for getting it wrong

Lee

 

[Beasty]

Nominet one an award and now patent office....

Nominet won an award for the drs and the drs is now being revamped

patent office mediation won an award and..???

I have not seen many companies win awards for getting it wrong

Lee

I may be wrong - but I think if one looks carefully the CEDR award Nominet won was for the mediation part of the DRS - not the DRS as a whole. Even if the impication from Nominet was that the whole DRS process won...

Personally I have no gripe with the mediation - which if anything should be beefed up and put more up-front - before time and money have to be spent preparing ever increasingly complicated pleadings.

 

[grandin]

mediation

yes Beasty, Mediation is the best way to RESOLVE disputes

BUT less disputes would have arisen IF the law and NOT experts had decided more cases.

You can only be an expert in law if its based on law ie....no expert in the GHD case was there? the so called experts decided they couldnt decide...no expert to me..laymen

At the moment you have too many disputes where BOTH parties THINK they have rights BECAUSE the LAW hasn't told them whats RIGHT

Bounce hasn't helped has it?.........or at least not yet!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lee

 

[domaingenius]

The whole purpose of case law, precedents etc that have been built up over hundreds of years in many areas/torts is so that there is not a fresh decision each time and a kind of standardisation of decisions. With Nominet its kind of each expert for himself ,and with that comes ridiculous decisions and a few good ones. That is why ive always said that Nominet should run their DRS along the excat lines of TM laws, if more informally. I had a case the other day and the defence was saying that I had not lost any money therefore my claim should fail. I found a case that had ruled that no loss had to be shown to prove the case. I consquently won the appeal. With DRS we should be able to show "a" TM case or contention that will win or lose the domain.

DG

 

[grandin]

agree

I agree dg. GHD was the first case that said...'we dont know the answer'...but it took an appeal. The original expert thought he could invent law....Nominet policy allows the expert to invent law as long as he/she follows the policy

Above is an opinion

Lee