Publication details

Something old, something new: Czech transposition of disputes under the DSM Directive


JUŘIČKOVÁ Jelizaveta

Year of publication 2022
Type Article in Periodical
Magazine / Source Journal of Intellectual Property Law & Practice
MU Faculty or unit

Faculty of Law

Web Repozitář MU
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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