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World Intellectual Property Organization Arbitration and Mediation Center: A Great Resource for Lawyers and their Clients—Home and Abroad
© Cheryl Hodgson 2007 | Posted on November 7, 2007
“You are, at this moment, standing, right in the middle of your own 'acres of diamonds.” Earl Nightingale
Cheryl recently returned to Geneva, Switzerland to attend two more outstanding WIPO workshops, both of which featured leading practitioners from around the world. . The subjects included the Arbitration of Intellectual Property Disputes, and an Advanced Workshop in Domain Dispute Resolution Proceedings.
WIPO is an Option in Local U.S. Disputes
WIPO is a United Nations agency administering world treaties involving patents and trademarks with 1250 employees. The WIPO Arbitration Center founded in 1994, deserves recognition as the gold standard by which to measure mediation and arbitration services in disputes involving the three IP horsemen: patents, trademarks and copyrights (including contracts involving rights in these assets). The Arbitration and Mediation Center is under the expert leadership of Director Erik Wilbers and Deputy Director Ignacio De Castro.
U.S. attorneys, including many from California are already members of the Arbitration and Domain Dispute resolution panels. In almost any state, other attorneys and their clients now have almost instant access to mediators and arbitrators in their own communities with intellectual property expertise, and the specialized training provided by WIPO, making the WIPO trained arbitrators a great resource for attorneys and their clients.
Everyone shudders at the prospect of costly, drawn-out litigation in U.S. federal courts that have exclusive jurisdiction of among other things, drug smuggling cases and IP disputes. Yes, the same judges who are experts in drug cases are also expected to render intelligent rulings in matters involving patents, trademarks and copyrights. Some do, some don’t—getting a judge with the time and inclination to understand these increasingly complex areas of the law is a bit like a trip to the black jack tables in Vegas—it's in the luck of the draw. In fairness, courts themselves are faced with understanding and applying ever increasingly complex laws in both copyrights and trademarks, involving explosive issues brought about in the digital age all the while handling an overwhelming case load. Even in efforts to settle, lawyers in IP disputes are often challenged to present arguments to retired state court judges serving as mediators in court-ordered mediations. WIPO offers an excellent alternative for finding an experienced arbitrator or mediator who also has expertise in the area of law, and who are more likely to understand the issues presented.
Domain Disputes in a Global Marketplace
Most people now take for granted domains to identify Internet sites. As of October 13, 2007, there were 99,731,111 active domains world wide and prior transfers of 460,750 domains! Some have sold for millions!
What if your domain is high-jacked, or becomes the subject of misleading competition, where can one turn instead of a trip to the courthouse?
Well-known throughout Europe, and increasingly so in the U.S., is also one of several authorized forums to hear Domain Dispute Proceedings since the procedure was adopted by ICANN. The Arbitration and Mediation Center has handled 25,000 domain dispute complaints since 2000, with an emerging body of precedent setting decisions. Its The Domain Dispute program boasts a panel of 400 dedicated lawyers from 35 countries.
Presenters at the recent domain workshop included Scott Donahey of Palo Alto, CA; Aimee Gessner, Senior Trademark Counsel for BMW AG, and David Bernstein of Debevoise & Plimpton in New York; and Wolter Wefers Bettink of the Netherlands.
In June at the earlier mediation training, Cheryl met attorney William Seiter, Esq. of Santa Monica, CA member of ADR Panel of the U.S. District Court in Los Angeles as well as the International Trademark Association Panel of Neutrals. On the most recent trip, one of HLG’s neighbors (and we do mean neighbors) was also in attendance, Thomas Brackey from the Beverly Hills firm of Freund & Brackey.
Traveling the world to meet such outstanding neighbors gives true meaning to the phrase:
“Acres of diamonds are often found in your own back yard.”
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