Something old, something new: Czech transposition of disputes under the DSM Directive
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Journal of Intellectual Property Law & Practice |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Doi | http://dx.doi.org/10.1093/jiplp/jpac031 |
| Keywords | DSM Directive; Article 17; Czech transposition; dispute resolution; Fuller |
| Attached files | |
| Description | This paper examines how the Czech transposition proposal deals with alternative dispute resolution (ADR) requirements of the DSM Directive. The element that piqued our interest is the one that manifests the creative choice of the body responsible for preparation of the transposition—Section 53 and following, which propose mediation as a solution for both ADR requirements of the DSM Directive: Article 17 (9) second paragraph (out-of-court redress mechanisms) and Article 21. We address the following question: is the universal mediation-based solution suitable for both of these disputes? In order to find the answer, we take a closer look at the nature and purpose of mediation. We pay especially close attention to the thoughts of Lon L. Fuller on the subject and attempt to constructively enrich these concepts with newer ideas. We argue that mediation is unsuitable for content-removal disputes. On the other hand, for ADR under Article 21, the Czech approach might be suitable. In the final section, we propose technology as a useful tool to enhance the efficiency of content-removal dispute resolution. |
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