Rivista di Diritto e Pratica della Risoluzione delle Controversie in materia di Proprietà Industriale
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Cooling OffIntelletcual Property Alternative Dispute Resolution Law & Practice Review (IP ADR LP), is a international peer-reviewed journal dedicated to intellectual property law and practice. Published quarterly, coverage includes:

  • the full range of substantive Alternative Dispute Resolution (ADR) Intellectual Property (IP) topics;
  • practice-related matters such as conflict resolution methods and procedures, negotiation, settlements, mediation and arbitration, and other ADR issues;
  • relevant aspects of related subjects such as civil procedure law and practice.

Edited by MFSD - Italian Mediation and Arbitration Center, the journal also draws upon the experience and insights of a series of expert Editorial Boards, with members drawn from both practice and academia across Europe and abroad and IP ADR key jurisdictions.

Distinctive aspects of the journal's approach are:

  • the highest standards of analysis, applied both to the latest developments as well as in more reflective survey articles;
  • content chosen for its practical relevance;
  • concise and accessible presentation;
  • material made available online and printed copies.

The journal is specifically designed for IP lawyers, patent attorneys and trade mark attorneys both in private practice and working in industry. It is also an essential source of reference for academics specialising in IP, members of the judiciary, officials in IP registries and regulatory bodies, and institutional libraries. Subject-matter covered is of global interest, with a particular focus upon IP ADR law and practice in Europe.

Articles and shorter contributions are invited: please contact responsabile@mfsd.it to discuss ideas or request further information.

The journal is a scientific and professional publication rights reserved under the Italian copyright law. Cooling Off is a review:

  • registered at the Court of Milan, 
  • distinguished by The International Standard Serial Number - ISSN - an internationally accepted code which identifies the title of serial publications, 
  • reserved by the Legal Deposit in the Italian Archive Legal Journals (Library Court of Rome).  

would-be contributor is urged to comply with these requests:

  • all material should be in document format, in double spacing (subject to the next rule), with margins of at least 4 cm, on A4 paper, each paragraph to start with an indented line
  • short quotations are to be within the text; long quotations are normally to begin on a new line, to be indented one space, to observe the paragraphing of the original, and typed preferably in one-and-a-half space
  • the footnotes of an article should be numbered consecutively in arabic numerals in superscript after any punctuation mark, and without any surrounding bracket or full stop
  • the author of an article is to supply his or her university degrees, professional qualifications and professional or academic status for publication
  • any other author is to supply his or her professional or academic status for publication
  • every quotation and every reference is to be carefully checked for accuracy.

A would-be contributor will enjoy the following benefits:

  • scientific and/or professional publication rights reserved under the Italian copyright law (Cooling Off is a review registered at the Court of Milan, distinguished by the International Standard Serial Number - ISSN - an internationally accepted code which identifies the title of serial publications, by the Legal Deposit in the Italian Archive Legal Journals - Library Court of Rome)
  • such publications are eligible requirement for accrediting  and qualifing as Mediators Theroretical Trainer and listing at Italian Minister of Justice 
  • sending via e-mail pdf issue of journal and single article and an hardcopy limited issues
  • if Cooling Off issue will be sold, the contributor will receive 5% of the issue price as one single royalty per each issue sold, or if the article is sold, 50% of the price as royalties will be payed by April 30rd of the year following to the pubblication year
  • participate in the annual "Cooling Off" award for the best article
  • receive a 10% discount on events organized or promoted by MFSD
  • quotation of a brief CV and e-mail
  • access free of charge to the materials published on www.mfsd.it
 
Uffizi.it: brand new dispute
Milan, June 24th, 2013. Uffizi Gallery, one of the oldest and most famous art museums of the western world, claiming the word "uffizi" under contry code Top Level Domain ".it". Uffizi Sas (the Respondent) submitted its response. MFSD is selected and appointed as Panellist, avvocato Angela Di Pisa, to decide the case. The domain is transferred to Uffizi Gallery. © All rights reserved.

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Domains: law and practice. New Course
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The new protection of fashion trademark. Wokshop.
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ICANN appoints MFSD as First European URS Provider
Milan, December 16th, 2015. ICANN today announced that it has signed a Memorandum of Understanding (MoU) with MFSD establishing MFSD as a new Uniform Rapid Suspension System (URS) provider. The URS is a rights protection mechanism that facilitates the rapid suspension of domain names in clear-cut cases of trademark infringement. It is intended to complement the existing Uniform Domain-Name-Dispute-Resolution (UDRP) policy by offering a lower-cost, faster path to resolution for such clear-cut cases of infringement.

 

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Feeding the planet, protecting the quality: congress in Milan
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Selecting the right IP mediator
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12 + 6 + 7 = 2014
Milan, Jan 15th, 2015. We had left at the beginning in 2014 thinking of an 'intense 2013' and predicting a 'promising 2014'. And so it was. On February 2014 MFSD has promoted and organized in partnership with the European Parliament InterGroup Wines of an international seminar entitled 'Geographical Indications (GIs) in the new Internet scenario', sponsored by Expo Milano 2015 and sponsored by MarkMonitor; seminar attended by speakers from the European Commission, the Ministry of Economic Development and MEPs, all engaged in the issue still warm protection of geographical indications in the launch of new generic fomini, catching only the cue from the controversy about domains .wine and .vin. Meanwhile, the positive signals perceived in late 2013 in the increase constant and progressive procedures of re-allocating it domains were confirmed: 1 procedure per month, for a Tolare of 12 procedures. We then also administered the first mediation procedures and not to wait long before the settlement in a dispute concerning the mark between a firm and a Sardinian Lombard, followed by the first cross-border dispute between a British and an Italian company in the field of domain and end last year with mediation conciliation between three companies on brand. Total 6 mediations, of which three negative and three concliate. Finally, simultaneously, the interest for training on mediation has grown in the second half of 2014, bringing MFSD to organize two intensive and in-house training courses for 7 Italian intellectual property attorneys, who have obtained the qualification and title mediators and were enrolled in the lists of MFSD. That's why for MFSD 12 + 6 + 7 is 2014 and Einstein (pictured) confirms as well.

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So much promise so little delivery ! .it disputes new rules
Milano, November 3rd, 2014. Coming into force today, the new versions of the disputes resolution Regulations and the disputes resolution Guidelines in the ccTLD .it. Few substantial changes to the Regulations for the resolution of disputes. In particular, attention is drawn on the concept of days, unless otherwise specified, are always working for the PRSD and the possibility of using the courier to send the complaint abroad (so much promise). The new wording of art. 4.4 states that 'In the event that the complaint should be sent abroad and was executed communication of the complaint in the manner aforesaid without after 2 (two) months has received proof of receipt or attempted delivery to the Respondent, the DRS can resubmit the application and documentation to the Respondent by courier '. We take note of the will to solve the problem of notifications abroad, which often resulted in delays or problems due to the fact that in some countries the return receipt cards are not used, so difficult to obtain proof of delivery to the resistant. Once, however, correctly recognized the use of the courier, it might have been the case for extending it to all notifications (Italian and foreign) right away without having to wait two months the delivery attempt by Domain Disputes Resolution Center: so little delivery ! This not to affect the speed of the procedure. Would not it be helpful (in the wake of the best practice of public consultation) call or inform before the five Service Providers Dispute Resolution currently accredited in order to get an opinion, although not binding, by users of the rules and is located on field to face the problems that occur using them ? 

Stefano Monguzzi - .it domain dispute Case Manager 

All rights reserved

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51 Los Angeles ICANN Meeting. LA is the city of angels.
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New gTLDs and Uniform Rapid Suspension. CLE.
Milan, Oct 1st, 2014. The continued approval and the increasing offer for sale of the new generic domains (new gTLDs) created spaces and communication chances but also new risks for holders of trademarks. That's the reason why MFSD, after the seminar held in Milan last February in collaboration with the European Parliament on the issue (still) warm the protection of geographical indications (IGs) in the launch of new domains (do you remember .wine and .vin ?), has designed and organized for December 4th, 2014 a workshop that has for its object the system of delegation and launch of such domains and forms of prevention and management of disputes: the TradeMark Clearing House (TMCH) to the interim procedure suspension (Uniform Rapid Suspension - URS), even in its early stage of appeal, which is proving so successful abroad but still little used in Italy and in Europe. 

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The Garden of Maidens of Italian (un)Civil Justice
Milan, Sep 29th, 2014 The headquarters of the Catholic University of Milan, Largo Gemelli is composed of some of the most beautiful and ancient buildings of Milan, among which is a monumental building, with 2 Bramante cloisters. The seat is also a garden (the garden of Santa Caterina d'Alessandria), to which access is allowed, by tradition, only the female students. For this reason it appealed 'The Virgin' (photo wikipedia). For those, like me, has studied and lived those places, the Garden of the Maidens incusiorsiva, evoking mystery and provoked an uncontrollable desire to enter into the harem. Once entered stealthily and quickly recovered from the janitor on duty (dell'illibatezza watchful guardian), while searching for that purity and not finding it, he included the absolute emptiness of a nineteenth-century prohibition, which, however, we (the offenders) suddenly it we became convinced advocates and defenders. Here's the Italian Civil Justice (ap) seems to be a Garden of the Maidens: everyone wants to enter (lawyers, judges, politicians), but once inside, all flapping in search of purity (the speed of the process) and no one finds it. Then, the Minister of turn, driven now by the European Union now the International Monetary Fund now by the OECD (which are also the custodians of virgins), make emergency decrees establishing or reform commissions (always qualified epochal), while realizing shortly thereafter that the measures are ineffective and void, or insignificant impact on the enormous size of the backlog. 

The frantic search for purity is reflected in the rules even Manichean, moralistic or moralizing: as the final decree of the Ministry of Justice (n. 139 of 2014 - see attachment), which, among other prohibitions, states that a professional can not represent a part forward the entity is registered as a broker. An irrebuttable presumption of bias is the body of mediation which is registered with the professional representative of the party, the mediator is appointed by the body concerned. Waves maleodororanti of impairment appear to emerge from such a practice: a sort of crime of 'exchange of appointments' between bodies Mediations and their mediators to repress the bud. It 'true that the ban could lead to a flood of litigation and more qundi a circulation of cases and experience between organizations in mediation, but it could also act as a deterrent to the use of mediation and depress the tool to disuse (already born confusion with the 'assisted negotiation, which some careless commentators have called' assisted mediation or conciliation '). 

Another example of a tendency to create or maintain a Garden of the Virgin is considered that the nature of a public institution of alternative dispute resolution is the one and only guarantee of efficiency, impartiality and rapidity. It's the return of the journalistic mantra: only the state or para-state can and should ensure that businesses and citizens the impartial and efficient management of disputes, and costs nothing to them that service, it would confirm the low rates and staff always qualified. Is not it? That comes, so undisguised, from the presentation which was held in Milan on September 24 last year at the Milan Chamber of Arbitration of the 7th report on alternative justice in Italy elaborated by ISDACI (see attached - extract). At that meeting the growing (and poorly tolerated) presence and establishment or conversion rad mediation bodies (the repeal of mandatory hungry) in arbitration chamber was regarded with suspicion, a sign of a misguided attempt and immediately discovered 'recycle' in another field parallel (arbitration in fact) and in any case they have crossed the border impassable (remember the non plus ultra?). And so even the constitution of the arbitration chamber of Bar Associations, pointed out as newcomers to the 'banquet' market management disputes. Improvised and 'pitted the party'. As for the gratuity or cost calmed the management of a mediation or arbitration by the chamber system, also not wanting to grant comprede then alllarme, worry and fear resulting from the reform of the publication administration that provides for the progressive reduction of the right chamber paid by businesses. But if it does not cost anything to the companies, and if the main and predominant role of chambers of commerce is to manage the Register of Companies, because pre-deal with the loss of money? It will mean that, for the principle of efficiency also clearing houses chambers of commerce 'will stay on the market' for the management of disputes without public subsidies and in a full and healthy competition, and equality of chances with private entities, how does MFSD since 2001, offering the same services at a low cost but without asking for a penny to the state, indeed even paying the right chamber, which is financed with the arbitration Chamber of Milan. 

Finally, on a positive note. The Garden of the Virgin of civil justice exists (although too many and many reforms), as there is the Catholic University, and is one of mediation of disputes and all other methods of alternative dispute resolution (which now work), as reassigning it domains, which operates since 2001 in the form of an arbitration rapid and low cost, and is still mis-known, or we will most known for conciliation with the Corecom disputes mail. The system exists, it is not chaste but must be preserved (such as the Garden and not virgins), and it also recognizes the International Monetary Fund (IMF) in the recent (September) report on Italy (n ° 14/2014) (see Annex - in English). It reads: 'The rate of adherence to mediation is low, although the success rate is high when the parties are involved. Mediation should not be seen as a 'room due to pre-' or a necessary step routine before going to the court of first instance. It should instead be a tool for the parties to groped in a genuine way to reach a solution 'win-win' resolution of their dispute. The measures discussed in the case of Edwards and others (2013), how to allow a mediation without the mandatory presence of lawyers, would help to strengthen the mediation '(p. 13th - translation by the editor). More clearly than that. The IMF thus indicates the voluntary mediation as a model to follow, as practiced and promoted by MFSD, where the parties are free to participate and are just as free (but MFSD recommended) to be assisted by a professional (industrial property consultant or lawyer or accountant ). Citizens and businesses are subject mature enough to understand whether and when to get help and do not require 'support administrators' imposed (think of the case of large companies, which have in-house team), and if they feel the need to have recourse without the necessary taxation: there is no need to protect a garden with virgins. 

Otherwise, the Garden is a great place, an icon insignificant, a fictional place, a non-place, such as the Italian Civil Justice, in civil-times and ways of dealing with cases: just a Garden of the Virgins of Justice (in) civil. That's what the country wants to do without. 

All rights reserved - Pierfrancesco C. Fasano

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7 Ways to Make Your Next Mediation Successful - Free webinar
Milan, Sept 17th, 2014. This free webinar, organized by Wolters Kluwer Law & Business and promoted by MFSD, takes place on 24th September at New York – 10:00AM / London – 3:00PM / Amsterdam 4:00PM. Duration: 1 hour Join Eric Galton from Lakeside Mediation Center and Jeffrey Krivis from First Mediation Corporation on Wednesday September 24th at 15:00PM BST for an exclusive live webinar. During this webinar, Jeffrey and Eric will tell you how to best prepare your next mediation and provide you with 7 Ways to Make Your Next Mediation Successful. Registration: 
http://view6.workcast.net/register?pak=5357556032258636&referrer=MFSD

Video
: record of the webinar.

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Italian civil justice reform is an ice bucket challenge
Milan, September 1st, 2014. Post gag of ice cream (branded Grom, that the Italian Prime Minister Matteo Renzi paid € 1,000 per 5 kg) in the courtyard of the Palazzo Chigi to meet the irreverent cover of The Economist), we were all there, ready and hoping to watch the press conference, some of the materialisation of the promised big bang reform of the Italian civil justice. And instead. Instead, they were always announced, following the guidelines offered in the August public consultation (which MFSD responded with the document on the development of mediation referred by the Italian Courts of Companies, Section 3 of the Guidelines), 1 Decree-Law and 3 Legislative Decrees, which will see the light, if all goes well, by 18 months (always announced). You say, but the revolutionary decree (from the e-mail address rivoluzione@governo.it) has been announced, but there is, there is and will be published with measures of 'out-of-courts'. This word end a few years ago was considered a blasphemy for judges and lawyers, justice is administered in the courts by judges who are judges; otherwise, it is 'private justice' they said, misusing a title of an action movie not great. It 's true the out-of-courts measures was announced: disposal of 2.5 million (and the other 2 million and 740 thousand ?) of cases backlog in three years (the famous 1000 days) due to voluntary arbitration of the parties to the dispute (after they have already paid legal and court fees ?); the 'negotiation agreement' (along the lines of the French, however, the outcome of failure, only 7 cases since it was approved) to give lawyers a chance to do a settlement for an immediate enforcement (who does not want to pay in substance will have 1 month to get rid of their assets, accepting the deal, because the claims of up to € 50,000 and the consumer disputes are matters where 'before we talk and then we go before the judge', the so-called condition of action); new competences (antitrust, class actions and misleading advertising, because they were decided before where such matters ?) of the Italian Companies Tribunal (just flooded in many Courts); the increase in the interest rate for borrowers (positive note); the reduction of the suspension working 1st to 31st August, which, without increasing the staff of clerks (8000 lacks resources since 1996) and judges (in thousands), it is a move to effect; the abbreviation of the terms to the lender in the enforcement is a contradiction. Not to mention that the reform of the civil trial is performed by a special ministerial committee, chaired by Giuseppe Maria Berruti, President of the Section III of the Supreme Court and Director of Massimario of the latter: the Commission already at work, got the designs of enabling law by the Parliament, to be delivered to the Government the draft legislative decrees for approval within 18 months. And such Commission will not deal with mediation. Given the climate of confusion and bombastic announcements followed by the cosmic is nothing to say 'fortunately'. Therefore, the Italian reform of civil justice, or at least its starter (see draft decree-law) was a sort of challenge ice bucket, the water balloon US orgine for the purpose of donation to the ALS foundation, hit of the summer 2014, but the version on Italian way (photo ANSA Renzi): a little water, zero or some ice, and donations stingy or silenced. Pierfrancesco C. Fasano [All rights reserved]

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Why and how mediate a patent litigation
Milan, August 21st, 2014. The patent litigation can be extremely expensive and time consuming. A case of patent infringement even modest complexity can cost thousands of euro, sometimes millions, if activated in most countries. At the same time, a prolonged litigation may damage the company's business development strategies, while important intellectual property rights have expired or trading for exploitation under license. The outcome of patent litigation is always uncertain. This uncertainty is inherent in any assessment technique though. For these reasons, it is often desirable to seek an alternative to the litigation process. Mediation is an increasingly well-accepted method of dispute resolution and an alternative to litigation. The process of mediation involves the parties to the dispute and an impartial mediator to facilitate the negotiation process. This process differs from litigation in several respects. 

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.IT domains disputes. Tailor made fees and suitable for crisis.
Milan, July 9th, 2014. When you bring a lawsuit before an Italian court Justice asks the plaintiff to pay a cost (to partially offset the costs of trial management, called it 'contributo') based on the value of the dispute and not the nature of the plaintiff or petitioner who does not distinguish whether it is a corporation or a natural person or a non-profit organization. If you act and declare a certain value of the case you will need to pay a certain amount in proportion to the value of the dispute. An objective criterion then. MFSD try to flip the perspective and adopts a subjective criterion in the new fees for the .it domains disputes, approved on July 4th by the Registry. Fees varies based on the type and probably also on the basis of the economic capacity: we left unchanged fees (€ 800) for n° 1 domain dispute decided by one single Panelist, if the applicant has a size / reduced economic capacity, as in the case of natural persons, sole proprietorship (firms in common parlance), public bodies (municipalities, govt. agencies) or non profit (foundations, social enterprises, etc..) slightly increased the cost (€ 900) if the complianant is a partnership; and € 1,000 if the applicant is a corporation. The increases in these last two cases are 100 and 200 €, sustainable and justifiable exercise of business in a partnership. In any case, fees more content than the speed of service and other competitors. We leave it to appreciate the quality and state users. A small innovation by the user. A model that could also experiment in the reform of Italian civil justice. Or is it too to look with service user' eye and not the entity that provides the service ? Fees thought so tailoring and with an eye to the crisis, always biting. For more info, please visit Domain Dispute section and Fees page. [All Rights Reserved]

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London 50 ICANN meeting. MFSD's version.
London, 25-26 June 2014. A cool and breezy London has also accepted MFSD, on the occasion of the 50th meeting of ICANN (Internet Corporation for Assigned Names and Numbers), the governing body of the global Internet. Over 3000 attendees, a record compared to other meetings. Attendees who, as is well known, come from various sectors: government (with the representatives of the ministries of telecommunications, not all, and yet much must be done to bring some countries absent), the technical (the experts of the university and the world of research and Technology) and private (the registries, companies that manage and commercialization domains, registrars, companies that resell the domains of management at the national level or geographical area; the providers, service providers on domains, such MFSD, which is responsible for administration of disputes). An approach to the management of the Internet well, taking into account all the interests at stake: the so-called multi-stakeholder approach. A diverse world, humanity varied. Not always easy to understand, with its rules and times, much slower, sometimes the network itself. It stands on the government plan the participation of the Ministry of the People's Republic of China, which has confirmed the important (given the numbers) contribution to the new roads that are driving the Internet Governance (eg new generic domains). But also that Qatar and Egipt candidates to manage the expansion of the Internet throughout Africa and the Middle East. Continue the heated discussion between governments on so-called wine-domains (.wine and .vin): on the one hand, the USA, Canada and New Zealand, and on the other, the European Union and other countries that opposed the need to protect Geographical Indications. Even in London has not reached any agreement and discontent winds and even the tones are raised. France and Italy in the head. Unfortunately, the public and even the same subjects at serious risk from the liberalization of wine domains do not seem passionate and do not support their governments in this battle, but then complain when the damage is done. In fact, in Italy there is a permanent forum, a sort of constituency or the States-General of the Internet, which collects and summarizes the instances and the discussion of the state of regulation of the Internet, and not only from the point of view of intellectual property. ICANN, meanwhile, will update the open issues (if they remain still open) in Los Angeles in October. MFSD It could also be there and to contribute, in Italy as home ICANN, to the discussion. Video: interview (in English) as President and CEO of ICANN. [All rights reserved]

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Our Mediations, reforms and no referral by Italian Judge
Milan, June 24th, 2014. MFSD has been accredited by the Ministry of Justice as an Mediation Centre in July of 2012, adopting an ad hoc regulation for disputes regarding intelldctual property rights, and so not easy choosing the path of specialization. 2013 is spent presenting the methos for professionals in the field, in particular the Italian Industrial Property Consultants. In 2014 we started the presentations to the IP in-house Counsels that manage portfolios of intellectual property rights and related litigation. Immediately at the beginning of this year it has been understood that the initial curiosity Mediation has become convinced of the testing procedures, given the voluntary nature of the initiation and the substantial gratuity (48 € including VAT) of the first informational meeting. Positive results will come soon. In May MFSD handled no. 4 procedures (see section Mediation - Procedures subsection): for value, 2 indeterminate, 2 to € 50 000; for the cost, in all 4 the cost was fixed by MFSD, in agreement with the representatives and the parties, notwithstanding the rates, reaching between 500 € and 2,000 € per share; type 3, national and transnational 1 (between a UK company and one Italian company); for technical assistance, assisted by 3 industrial property consultants and 1 from a lawyer (in 2 parts were not assisted, despite the recommendation of MFSD); for the outcome, not 2 and 2 reconciled reconciled. The degree of satisfaction of the parties and the mediators detected by MFSD is high. The first informational meeting has been scheduled as a real first mediation meeting, in which when the parties were well aware of the opportunity and participated in the conduct of the procedure. It is not known whether the increase in procedures is attributable to the state of civil justice and procedural complication, among them, the one exception to the jurisdiction of the courts of Companies (and therefore also in the field of Industrial Property), where the actor or the defendant is subject to a foreign law, statutory cd Destination Italy, which has restricted the territorial jurisdiction from 21 to 8 courts, adding to the confusion. Or if the constant increases in legal costs and indirect costs related to the computerization of the process constitute a deterrent to access to the Judge. As well as the constant shortage of stationery (or reduction of access times to the Chancellery) or judges, turnover, retirements and lead to an expansion of the estimated times, prompting the judges to say at the hearing that a setenza 3 / 4 years is an 'acceptable time'. The fact is that the dissatisfaction with the state of civil justice reform grows and continuous exercises also last government did not help sempificare landscape professional service and justice. And then you better see this kind of minutes of the hearing (photo MFSD) or meet up once to talk with the help of their lawyers and industrial property consultants helped by a professional mediator to find a solution to the dispute also on new commercial basis ? And why, despite the legislature, the Ministry of Justice and the international practice has shown in Mediation delegated by the judge an instrument is not conclusive but effiace nell'alleggerire the burden of civil justice, the courts do not invite the parties to mediation? An interesting insight is the Protocol of the Court of Verona on the relationship between mediation and civil proceedings (Annex), which provides operational guidance and shared (between judges and lawyers) about how and when to activate during a mediation process. MFSD had submitted in 2012 to the Centre on Civil Justice of the Court of Appeal of Milan a similar document (see section Training - Materials section below. Hoped that becomes viral. [All rights reserved]

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OHIM boosts IP Mediation
Alicante, 29-30 May 2014. It was a pleasure to attend the two days of the first conference on Mediation in Intellectual Property, for whom, as MFSD, promotes and administers such IP disputes resolution method, voluntary and extrajudicial. The Office for Harmonization in the Internal Market (OHIM), in other words the EU Agency which manages the protection of community trade marks and designs, has for some years engaged in the promotion of the Mediation and offers the parties the dispute before the Board of Appeals may seek assistance of mediators, trained and enrolled in a special list kept: it is therefore OHIM officials, who were not employed, do not deal or do not deal with the dispute called upon to perform the function agevolatrice conciliation. The issue of a potential conflict of interest between those who have been, or will be component, with decision-making functions of the Boards of Appeal or of Appeals, then called upon to act as neutral third party, raised between the speakers and the audience a predictable and interesting debate during the first day. The Office has responded to the concerns by stating the existence of a strict internal policy of incompatibility between components commissions with decision-making functions and mediators. The feeling is that the topic of replication has not removed any doubt in the audience and the writer is not by chance an established international practice is the formation of a list of external mediators bodies with decision-making functions. The Office, however, took the opportunity (and intends) to extend its management functions of trademarks, Community designs (as well as Geographical Indications non-food) also to the prevention and resolution of related disputes, making Also Mediation Centre, and who knows perhaps Arbitration Centre: hangs in the European Parliament a proposal from the European Commission in this regard. Financial autonomous resources are not lacking. After the gala dinner, interesting opportunity for exchange and comparison, the second day is spent with parallel sessions of simulated mediations or single-issue. The Office (which to date has administered n° 4 mediations) finally stated that this was only the first in a series of annual conferences, which will be a fixed point for operators in the sector. And this MFSD can only be glad, relying on an institutional player, which will certainly help to spread the culture of Mediation in Intellectual Property. Pierfrancesco C. Fasano. Photos (MFSD): opening remarks, Antonio Campinos, President of OHIM. Video: Alicante, city of OHIM. Attachments: .ppt presentations. [All rights reserved]

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Quo vadis new gTLD and GIs ? Singapore
Milan, March 12th, 2014. We pull the strings of the seminar 'Protection of Geographical Indications (GIs) in the new Internet scenario', held in Milan on 28 February at the initiative of the Intergroup on Traditional Specialities of the European Parliament and of MFSD MarkMonitor, with the participation of European Commission, the European Federation of Origin Wines and the Ministry of Economic Development. MEPs Astrid Lulling (Luxembourg) and Giancarlo Scottà (Italy), has long been engaged in the battle for the defense of Geographical Indications in Europe, against the risk of a record free of words protected by intellectual property law , have rebuilt the intense parliamentary process, which led the European Commission to ask ICANN (the body that manages the assignment of American domains and web development) to stop the allotment of the new wine- dominant (.wine and .vin). The seminar, however, has placed at the center of the debate and deepening the issue of the protection of geographical indications in the launch of new domains in terms of food & drink. Not only the wine domains. The European Commission (represented by a group of officials from DG Connect, coordinated by Lars Erik Forsberg) has well expressed the point of view of the strong defense of the agriculture and food production of 28 countries  and has responded by Brussels in video -conferencing applications and solicitation the audience and the other speakers. The Ministry of Economic Development, is well represented by the General Director Rita Forsi and Eng. Maura Gambassi, despite the succession of the new government, has guaranteed the precious presence, to illustrate the difficult task of fitting and summarize the various requests from organizations, institutions and associations on the issue of defense of the Italian agriculture and food production within the Governmental Advisory Committee (GAC), showing also the prompt, timely and effective actions in the various meetings of ICANN. The European Federation of Origin Wines (EFOW) has always been at the forefront of this battle, he pointed out the contradiction originates in a private entity under U.S. law (ICANN), which manages the evolution of the web, and the attitude deaf of the U.S. government regarding the protection of Geographical Indications. MarkMonitor (Thomson Group Reteurs) with Jerome Sicard led across the international practical experience in the technical management of the methods of prevention of abusive registrations of domains, describing the opportunities and potential of an instrument which is the TradeMark Clearing House (TMCH) and other more evolved. MFSD, with Pierfrancesco C. Fasano and Stefano Monguzzi finally coordinated the debate and helped in providing technical solutions to the real risk and closer and closer to the launch of a new generic domains extensions in food and agricoltural. Now what ? Today, the European Parliament's Intergroup on Specilaità Traditional meets to determine the next action on the point : first, the sending of a letter from the President of the European Parliament, Martin Schulz, at the European Commissioner Neelie Kroes to condemn the decision by the dreaded ICANN to assign .wine and .vin domains mulled without restriction and protection of Geographical Indications. That would pave the way for a dangerous precedent for allowing the launch of such extension .cheese, .beer, and so on. So, where are we going (quo vadis) ? But in Singapore (March 23 to 27, the next ICANN meeting) to seek the right balance between the protection of intellectual property on the one hand , and free trade and freedom of the Internet on the other. Is it possible ? The answer in a few weeks. This is only a stage in the development of a theme (Traditional Speciality Food processing and Internet) hot even in view of Milan Expo 2015, which will bring the same promoters of the seminar, along with other stakeholders, to enhance the discussion during the pre- Expo and the period (May to September) 2015 in which Milan, food and sustainability, will be under the spotlight of the world. Finally, thanks to all those who worked behind the scenes, without which the success of the seminar would not have been possible. Photo (MFSD): from left, Rita Forsi (MISE), Stefano Monguzzi and Pierfrancesco C. Fasano (MFSD) and Jerome Sicard (MarkMonitor). Here attached the seminar papers and the article by Nicola Coppola 'Protection of Geographical Indications and international trade: between domain names and free trade agreements', Rivista di Diritto Alimentare (Year VII, Issue 4, October-December 2013). [All rights reserved]

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Geographical Indications (GIs) and new domains: EU talks
Milan, February 7h, 2014. All (many or most) know what is an web 2.0 is the set of all those online applications that allow a high level of interaction between the website and the user such as blogs, forums, chats, wikis, media sharing platforms such as Flickr, YouTube, Vimeo, social networks like Facebook, Myspace, Twitter, Google+, LinkedIn, Foursquare, etc., typically obtained through appropriate techniques of Web programming and related web applications related to the paradigm of Dynamic Web as opposed to the so-called static Web or Web 1.0. And the Web 3.0 ? The evolution of the use of the Web and the interaction between the many possible evolutionary pathways, which can turn the Web into such a database, which would facilitate access to content from multiple applications that are not browser. And the domains and the evolution of these constitutes an important element in the access, use and interaction of the Network in recent months and in these last days and for the next few years there has been a new revolution of the web. Certainly, if it is not, it creates new spaces of freedom and opportunities but also new uncertainties and risks of infringement of the rights of industrial and intellectual property, and is a source of controversy. The creation and the ability to record words with new domains. To date, 1,930 applications received by ICANN (Internet Corporation for Assigned Names and Number) for the delegation (creation) of new domains and the assignment to the company. 107 are those approved and affect all economic sectors and and leisure: eg. .rich, .sexy, .ninja, .pink, .email,  .buzz, .coffee as well .bike, .clothing, .solar, .shoes, .careers, .holiday. The ability to expand services allow individuals and businesses to get more visibility on the Web Between the request for the creation of new generic domains (gTLDs) have arrived for those, .wine, .vin, but also for the .cheese and .beer. And immediately there is the question of 'if and how' to protect the intellectual property rights of manufacturers and distributors of wine and in general of products protected designations of origin (eg . DOP, DOC, DOCG) or trademarks (collective or individual). And how to resolve disputes. The European Parliament (EP) and in particular InterGroup for Traditional Specialties required and encouraged timely intervention of the Digital Agenda Commissioner ICANN, which has stopped the assignment  .wine and .vin, waiting for a definitive clarification of the concerns of those who wanted a substantial free registration and those who asked for forms of protection. To answer this and other questions, which are relevant also in view of 'Feeding the Planet, Energy for Life', the theme of the Expo to be held in Milan from 31 May to 30 October 2015, the European Parliament has promoted, in collaboration MFSD with an international seminar entitled ' The protection of designations of origin in the new era of the Internet', to be held Friday, February 28th, 2014, from 9 to 13 at the Palazzo delle Stelline. The Seminar will participate in the European Commission, the Governmental Advisory Committee (GAC) of ICANN and the European Federation of Origin Wines (EFOW) and MarkMonitor. MFSD coordinate the roundtable. Participation is free. Partecipation will be limited to 60 persons. Duty to pre-register by February 26, 2014 by registering on this website at the 'Contact', entering the reference 'Seminar EU - GIs and domains'. Consortia for the Protection of Appellations of Origin, companies vines and wine - farm and inlltectual property attorneys will have priority in the registration. [All rights reserved]

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2 course for 7 cities: IP Advocacy Mediation and new domains
Milan, Jan 23th, 2014. Do you know what the IP Mediation Advocacy ? Learn about the techniques and secrets of how to assist, effectively, your client in a IP mediation procedure ? Do you have an Intellectual Property case and the time and cost of the Company Court may affect your client and your professional relationship ? Do you think the mediator is useless ? Do you want to know if and when recommending mediation ? Do you have a basic education but feel the need for specialized training ? MFSD offers a course dedicated to 'Advocacy lawyering in IP disputes mediation' and intensive (1 day, 8 hours). In 7 cities: Milan, Mar 7, 2014 (pre-registration by Feb 20, 2014); Bologna, Mar 21, 2014 - (pre-registration by Mar 6, 2014); Venice, Apr 11, 2014 (pre-registration by March 26, 2014; Naples, May 9, 2014 - pre-registration before May 25, 2014; Rome, May 23, 2014 - (pre-registration before May 18, 2014; Genoa, Sept 19, 2014 (pre-registration before Sept 4, 2014); Trieste, Oct 3, 2014 (pre-registration by Sept 18, 2014). Fees: € 732, including VAT. To learn from expert trainers and mediators as to satisfy the customer's needs and consolidate your skills.

Do you know that over the next three years will be launched over 1,300 new domains ? Would do you be able to inform your clients and create new opportunities for advicing and advocacing ? Do you know that your client might find its IP rights as a domain in the new extensions ? Do you know the debate over the defense of intellectual property rights in the new domains ? Do you know what it is, what it costs and whether it is worth the TradeMark Clearing House ? Do you know what are the techniques faster and more convenient than online brand protection of your clients ? Would you like to know also how to protect the brand of your clients in various extensions of the individual countries ? Or how to avoid the Court and re-assign a domain occupied by a person without rights ? Also on this topic MFSD offers a course dedicated to the 'Domain Names: prevention and alternative dispute resolution in the old and new extension', accredited by the Italian National Bar Association and intensive (4 hours). Fees: 366 € including VAT. Number: minimum 20 - maximum 50. Duty to pre-register. In 7 cities: Milan, Mar 14, 2014 (pre-registration by Feb 28, 2014), Bologna, March 28, 2014 (pre-registration by March 15, 2014); Venice, Apr 18, 2014 (pre-registration before Apr 3, 2014 ), Naples , May 16, 2014 (pre-registration before May 1, 2014); Rome, May 30, 2014 (pre-registration before May 15, 2014 ); Genoa, Sept 26, 2014 (pre-registration by Sept 11, 2014); Trieste, Oct 10, 2014 (pre-registration by Sept 25, 2014 ). To find lawyers, panellists and MFSD Case Manager techniques and methods to better protect the rights of your clients.

To pre-register:

  • register on this website under the section 'Contact' and fill in the section below 'contact form - ' references '
  • insert in the space provided 'information' the 'title of the course, city and date'. 
The courses will be held with the minimum number (20) of attendees. Reached the minimum number of pre-registered you will receive an e-mail with the confirmation of the course and the request for payment via wire transfer and the sending of a copy of wire transfer order which must be received within 3 days.

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A busy 2013 - A promising 2014
Milan Jan 6th, 2014. The past year has been busy for the number of implemented activities and for those, new designed. In 2013 MFSD: promoted the activity of the mediation is confidential presentations to companies and industrial property law firms, both public and at universities, participated in the work of the Civil Justice Observatory of the Court of Appeal of Milan in the debate on the implementation of the mediation delegated by the Judge, developing a proposal of guidelines for IP cases; joined in the debate promoted by the Italian Ministry of Justice for the preparation of a Green Paper on the quality of Italian mediation providers, has expanded its activities to the Italian Ministry of Justice obtaining authorization to conduct the training and qualification of professional mediators, and has sought and received accreditation by the Italian Lawyers Bar Association - 4 videos continuing learning educational mandatory for Italian lawyers in the field of intellectual property law; launched a program modeled on the Anglo-Saxon and U.S. ADR Pledge for the promotion, dissemination and consolidation of the Alternative Dispute Resolution (ADR) in the field of Intellectual Property (IP), increased significantly the number of procedures for the resolution of disputes domains '.it' . A busy year, so 2013. The new year promises to be even more promising. In 2014 MFSD: launch a new method of preventing disputes about domains; organize an international event in the field of prevention and resolution of IP disputes and digital copyrights; will require to the Italian Lawyers Bar Association  of 4 other e-learning courses in the field of ADR and IP law topics of high specialization has designed and will launch a new program, and method for the prevention and resolution of disputes in the field of e-commerce and digital copyrights, will launch its own domestic (Italian) training program (continuing learning educational accredited by the Italian Lawyers Bar Association) with courses relating to the lawyering advocacy in IP mediation and the extrajudicial protection of domain names in the new era of the Internet. These and many other innovations. A promising 2014. [All Rights Reserved]

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IP Continuing E-Learning Education (CLE) for Italian Lawyers
Milan Dec 23th, 2013. After a long period of gestation and design, to meet the needs and levels of quality demanded by Italian lawyers practicing in Intellectual Property, MFSD launches, in partnership with TVA Italy Web Television, the platform for continuing learning education (CLE) at a distance, devoted exclusively to IP practice and accredited by the Italian National Bar Association. The first 4 video courses available only in Italian language for downloading with a multiple choice test with every random verification are: social networks and IP, Marco Alessandro Vincenti, The protection of trade secrets, Ivett Paulovics; criminal aspects of trade secrets, Barbara Benedini; .it domain names dispute resolution, Stefano Monguzzi. Fees: € 40 for 2 hours course for 2 credits and 20 € for 1 credit (CLE) course. Further 4 videos - courses, of which 1 of ethics, are in the process of accreditation. To the right of the home page you will find the banner to link to the e-learning platform.

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A golden key for Italian lawyers, mediators ex lege
Florence, November 5th, 2013. 'Can you really believe this mediation ? Do you really need a colleague who show you the way ? What should be the training for the attorney mediator if they fail to do more than indicate the rule that governs the resolution of the case ? Do not you already know everything about the identification of the applicable law and the law that governs possible agreements between the parties ?' To these and other crucial questions addressed to lawyers, mediators by law since September 20th, attempts to answer 'The Golden Key: from experimental right to generative law', article (in Italian only) written by Paola Lucarelli, Professor of Commercial Law in Florence University and scientific research Lab "Un Altro Modo" of the University of Florence, and published in the Guida al Diritto of November 5th, 2013. Articles in Italian language.

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Well-known Italian P.I. name transferred
Milan, November 4th, 2013. Tommaso 'Tom' Ponzi (Pola, September 25th, 1921 - Busto Arsizio, May 9th, 1997) was an Italian investigator and criminologist . In 1948, Tom founded the Mercurius Investigations, who a year later was renamed Tom Ponzi investigations. Had a rapid success in the international field: he worked, among others, Nelson Rockefeller , the Agnelli, Enzo Ferrari, the Aga Khan. The well-known investigator accompanied the Italian post-war life, telling or investigating - especially in the sixties and early seventies - the changes in the private sphere, in the lives of families and in society more generally of a country that would quickly become a major power industrial. Tom Ponzi was in many ways the first in Italy to make a profession of investigations at a high level, passing over the years by investigations double to more complex industrial surveys and financial data. Today Tommaso Luciano Emiliano Ponzi and Ponzi Investigations of L. Ponzi & C. S.n.c. have submitted a complaint to MFSD aiming domain transfer, registered and used by an UK company, Get Domain Limited. Interesting issue of conflict between the right to the name, trademark and domain. No any response from UK Registrant. The appointed Panelist, Anna Maria Bardone, decided the transfer of domain.

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GIs vs ICANN, battle still goes on .wine and .vin
Milan, December 3rd, 2013. Nothing done (or so) at the end of the ICANN (Internet governing body) meeting in Buenos Aires (17-21 November) for the eno-domains: .wine and .vin. Governments, which are divided on the issue of the protection of Geographical Indications (GIs) have asked ICANN to obtain legal expertise. In parallel, discussions continued between those who have applied for the delegation (i.e. creation) of the two domains and the wine sector. EFOW, the European Federation of Denomination of Origin Wines, participated in the discussions in Buenos Aires and urged ICANN not to delegate and assign the management of these two new domain names and proposed concrete solutions to candidates for management. The fight appeared unequal at least in numbers: 34 members (in favor of a position which protects GI) versus 3 (lined up for the launch of a domain registrations without protection). For several months, a growing number of governments in the GAC ( Governmental Advisory Committee) asked ICANN not to delegate .wine and .vin. Mulled for the failure on the part of applicants for the adoption of measures to protect the GIs. Since August, ICANN had helped see to it that the wine sector and the candidate companies could agree with a view to a final decision in Buenos Aires. In the capital of Argentina, the . wines and .vin. Mulled remained a staple of a dispute in an atmosphere of tension between the Europeans and the United States on Internet governance and functioning of ICANN . On the one hand, a coalition of 34 countries, led by the European Union and supported by the Latin American and African countries, requested that the GIs are taken into account. On the other hand, 3 countries, including the United States, were asked to delegate .wine and .vin, without protecting GIs. A funny anecdote from the final report on the meeting (attached in English ) reveals that at the end of the public session on the topic of wine domains, the Iranian representative within the GAC has tried to do to bridge builder between the position of the European and the American. In any case, after difficult negotiations , GAC members have agreed to ask ICANN to seek a legal opinion to better understand what is at stake, in order to make a decision on the issue. The EU defends a multi-interests (i.e. multi-stakeholder) in the delegation of domain names , hoping that the dialogue between the industry and the candidates will be successful. A comforting fact is that for the first time in four months in Buenos Aires, there have been constructive discussions between some candidates and wine producers. These companies have proposed, as others have done before, for instance .bio, a solution that would allow the protection of GIs. And is the opinion also of EFOW that these new domain names represent an opportunity for the sector if and only if the candidate companies provide protection to GIs. EFOW will support and encourage these domain names only if the GIs will be protected. Regardless of the decision of ICANN, the success of these domain names largely depends on European industry and its operators. The hope is that applicants for the assignment of management we have a joint approach (win-win) and complies with the principle that ICANN stated understanding of the rights of all those stakeholders in the sector. Next episode: ICANN meeting in Singapore in March 2014. Annex (in English) Report on the ICANN Meeting. [All Rights Reserved]

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TV reportage on Italian Mediation system
Milan, Oct 8th, 2013. Great interest and debate among Mediation' stakeholders (and not) has aroused the TV- investigation of the Italian television program 'Report' aired yesterday on RAI 3, at 21:05 ( click on the arrow of the news on the homepage to see the video - Italian language only) in the analysis of individual innovations introduced by the Decree of the so-called Del Fare (Making), initiative of the Government Letta. The journalist Claudia Di Pasquale has unveiled the known weaknesses of the training system and the controls of the Ministry (for lack of staff) in accrediting. Weaknesses that have led to the proliferation of mediation centers and training organizations lacking in the quality of services offered. The investigation then left out the undisguised hostility of the Italian legal profession in words conducive to mediation but when it's voluntary and only before the mediation centers' Bars. The reportage concludes with the inevitable conflicts of interest, also present in the public system and the existence of so-called entities that attempt, using techniques of communication and marketing, accreditation, so self-referential, between industry practitioners and non-specialists the work of bodies such as the exponential of the field of mediation. The final thoughts of the TV-investigation concluded that the institution of mediation is positive because it would avoid the delays and costs of a civil trial, it is necessary to work on quality of the overall system. Lights and shadows then. And the Italian public sector is not exempt from opacity, as the private guilty of hoarding aggressive system of users and professionals involved, to the detriment of the pursuit of impartiality and professionalism of the mediators, trainers and mediation bodies. However, a long way to go to ensure that the many bad not overshadow the few good ones. Pierfrancesco C. Fasano - Mediation Case Mananger [All rights reserved]

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Il Parlamento UE mappa la Direttiva sulla Mediazione
Strasbourg, Oct 7th, 2013. This three-part questionnaire was created to gather information about mediation legislation for civil and commercial cases in EU member states, and to uncover why mediation is not being used as much as expected. Based in part on the answers to this questionnaire, a report is going to be presented to the European Parliament by the end of November with a series of proposals to foster mediation use across the Union (IP/C/JURI/IC/2013-062). 

In particular, Part I aims to gather your estimate of the current mediation market in your country. Part II is a quick assessment of the existing law in your country. Part III includes a list of legislative solutions (Part IIIA) and non-legislative proposals (Part IIIB) for you to assess in terms of their ability, or inability, to make more mediations happen in your country. 

Responding to the questionnaire is easy. It simply asks you to choose among existing options or to rank a number of proposals. If your preferred answer is not listed amongst the options, please choose the closest answer to the situation in your country. Please only use the option of “Other” if the situation in your country is radically different from any of the three designated options presented. 

Your responses to the questionnaire are very important to us, and will be kept confidential.

http://www.surveygizmo.com/s3/1382928/Questionnaire


 

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University of Florence updates IP Mediators and Trainers
Milan, September 27th, 2013. The University of Florence's 'Un Altro Modo - Another Way' Lab (Mediation and Negotiation for Enterprises and Complex Organizations) will held Thursday, October 17th, 2013 a training workshop on the conflict mediation management on the subject "Intellectual Property Disputes", under the scientific direction of Professors Paola Lucarelli and Ilaria Pagni. The worshop, CLE granting for the two-year mandatory update of trainers in mediation and mediators provided by the Italian Ministry of Justice, will lead by Prof. Lucarelli, also avvocato Claudia Del Re, fellow and expert on the topic, Dr. Roberto Guida, Judge of the Florence Coompanies Court - IP Section, and avvocato Pierfrancesco C. Fasano, Mediation Center MFSD' Case Manager. Language is Italian, translation not available. For more information, see the flyer attached.

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Cooling Off: ADR Pledge, Review and Award
Milan, October 29th, 2013. The origin. Cooling Off means the period (even cooling of souls) of reflection left to the parties before accepting a final contract offer or choose the path of litigation. The expression is known in the Industrial Property to define the time of the opposition to the application for registration of a Community trade mark, in which the parties have the opportunity to reach an agreement and therefore can terminate the procedure without incurring additional costs: the Cooling Off ends two months after the notice of opposition and eligibility may be extended by 22 months, up to a total of 24 months, at the expiration of the period of reflection, opens the adversarial part of the opposition proceedings.

The Pledge. The Cooling Off, designed developed and proposed by MFSD, is inspired by the Anglo-Saxon models , known overseas for at least three decades of Alternative Dispute Resolution (ADR) Pledge, adapted to the particular sector of the Italian Industrial Property . Abroad, the best of times, it is a public statement in which the person who signs (firms, consulting firms in industrial property law firms, government agencies, etc.). States to adopt a systemic approach (if possible) to court settlement of the dispute, exploring the advantages and disadvantages , adequacy or otherwise of the forms or alternative procedures or rather complementary to the Court (Alternative dispute Resolution) or state litigation in general. Even though in different forms, the pledges, commitments of ADR, have been promoted in many countries: USA, UK, France and Singapore.

The concept was developed in 1980 by the International Institute for Conflict Prevention & Resolution (CPR), an entity nonprofit U.S. leader in alternative dispute resolution, with its corporate policy statement on alternatives to litigation. The 'CPR Pledge' is now adopted by more than 4,000 companies and 1,500 law firms which undertake to consider a procedure for settling out of court, before an action. Today, the CPR promotes the so-called 21st Century Corporate ADR Pledge, an evolved form of public declaration of ADR Policy but very similar to the previous ones and now becoming available (see video in English at the bottom).
Other examples are:

The ADR Pledge in the UK
The Charte de la médiation inter- entreprises in France
The Charter of the Singapore Mediation Mediation Center
INTA ADR Pledge for trademark owners.

The most recent European initiative is underway in Poland and was brought to the Council Civic and ADR approved by the Ministry of Justice. On 4 March 2013, was officially launched at the conference in Warsaw with the participation of over fifty large firms and lawyers' organizations.

Even MFSD, drawing on international and European practice more effective in the prevention and resolution of disputes outside the courts, studied, developed and designed an ADR Pledge, in fact Cooling Off, dedicated and adapted to the Italian Industrial Property , intended for owners or representatives of industrial property rights and to train and enhance their aptitude non-confrontational , without sacrificing the appeal to the Judge . The concept and inspiring element is that of a guarantee system of continuous evaluation and quote the use of forms of extra-judicial resolution of disputes in the field of Industrial and Intellectual Property intended to holders of prior rights in signs or IP professionals (IP attorney and lawyers).

The review and the award. Thus was born Cooling Off: a program, and then a set of actions (it is also an international journal and unpremio dedicated to those who distinguished himself in spreading the culture of consensual settlement of the conflict and methods of alternative resolutions to the court , which shall bear the same name) that aims to promote a culture or at least encourage and cultivate a sensitivity to the prevention and dispute resolution in the field of IP. The program is based on a public statement of commitment and guarantee , with which the company and / or professional fitting agrees , in advance, to assess, where this is appropriate advice , with its counterpart (for companies) and the customer (the professional) means, procedures and methods (eg, mediation , domains dispute, arbitration, expertise, etc.). alternative to litigation before the judge or the competent administrative authority.

The commitment to seek an alternative to litigation has always existed, even in Italian daily professionals (industrial property consultants and lawyers) industrial property and businesses in this sector seek or try to find consensual solutions intended to prevent or litigation.

The requirement. And then there was need of a guarantee, a commitment, a public statement , the adoption of a specific policy (occupational) for groped to settle out of court (where practicable) a dispute over a right of ownership industrial and intellectual property ? What is the quid pluris ?

Why, nevertheless, in Italy the search for a negotiated solution is still instinctive, occasional, spontaneous, conscious or not planned or structured, then left to the good will or the attitude of each of the protagonists : owners of the undertakings, internal managers of IP or industrial property consultants or lawyers outside the firm at the center of a controversy.

Cooling Off for enterprises is a visible sign of recognition , the adoption of voluntary , conscious, and convinced of a specific public policy of cost containment and rationalization of human resources, and the index of a particular sensitivity in the consensual resolution , non-confrontational , cost-controlled and rapid dispute .

While for professionals is a distinctive feature, the message of a different professional approach to offer customers direct, where the negotiation assisted by the professional will be ineffective or rejected or fails, an alternative or complementary to always possible to appeal to the state litigation , showing sensitivity and attention to the subject (now hotter than ever) the cost -effectiveness in the management of a dispute or the duration of the process.

The advantages. The Partnership Finally a number of benefits reserved to the members and the ability to immediately check if your contact is available or likely to solutions assisted by a neutral third party, consensual and outside of the Court, at a cost controlled by the parties to the dispute. For more information visit the section 'Pledge'.

Pierfrancesco C. Fasano
[All Rights Reserved]

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The brand new Italian mediation: much ado about nothing
Milan, Sept 23th, 2013. Much Ado About Nothing is a comedy written by William Shakespeare between the summer of 1598 and spring of 1599 , set in Messina. Given the long romantic comedy for amorous themes and rich texture of farcical elements and playful, the work falls fully within the category of tragicomedy, in which the comic element melts at the tragic and dramatic properly. Comedy short and brilliant, was lucky on the side of the play, remaining in the centuries one of the most famous plays of Shakespeare and brought on the stage. The phrase "much ado about nothing" has entered the common parlance, matrix English and not to indicate an exaggeration or absurdity refers to a quite trivial or insubstantial. And so also in the reform of the Italian mediation law on civil and commercial disputes, in which media hammering and other mediation centers emphasize the return of mandatory mediation in the same sectors (but traffic accidents) before ruling of the consultation, suggesting that all changes and improves, while in reality everything changes for anything to change. The tragic (the first information meeting for free - do you guess what will be mediator' preparation at such first meeting) alternates to the comic (the mediators ex lege qualification to all Italian lawyers), all seasoned with the length reduction (4 to 3 months) and an obligatory technical assistance of Italian lawyers, odding to the high tecnical professionalism, such as intellectuall property attorneys in disputes such as those regarding trademarks and patents, to assist its clients. So much ado about nothing. And we hope that the preliminary meeting' mediators are motivated to motivate parties already demotivated by Italian lawyers generally hostile to mediation. Meanwhile, MFSD, as Garibaldi (Italian unification hero) meeting in Teano the Italian king, answers 'obey' the legislature and change the rules of procedure of the mediation, which will be sent for approval to the Italian Minister of Justice, limiting the changes introduced by the amendement, with interesting news regarding costs, reduced to 50 % in the case of court-annexed mediation, if the parties have already borne the payment of a unified double (in the cases before the Tribunal of the Companies) with respect to ordinary causes, and the costs of lawyers, mediation, although other procedure, can not weigh on parts and indeed expects the parties, already aware of the value of a conflict resolution and in favor of it. [Pierfrancesco C. Fasano, Mediation Case Manager] All rights reserved.

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Nemesis.it: transferred
Milan, August 26th 2013. Panelist, Anna Maria Bardone (Trademark Attorney), has decided to transfer the domain, on the basis of the earlier trademark ownership and trade name of the Complainant and maintenance of the domain without legal titles and in the presence of the declared and documented cessation of activities of the Respondent. 

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Shoppy.it: transferred
Milan, August 9th, 2013. In a very short procedure, the claimant, owner of the mark corresponding to the disputed domain, tried, in the Panelist' opinion, Enrica Busnelli, in addition to the two assumptions (domain identity with the sign of ownership of the complainant and non-existence of a right of the registrant) for the transfer, bad faith consists in for-profit use by the registrant (who has not lodged a defense) of the domain as a so-called pay-per-click: on the site appeared a series of advertisements related to the activity of the complainant. The decision, in Italian language, can be found in the section of this site "Domain Disputes", sub-section "Cases".

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MFSD, Mediation Training Center by Italian Minister of Justice
Milan, July 25th 2013. It's a pleasure to announce that the Italian Ministry of Justice accredited, by Order of the General Director of the Department for the Affairs of Justice on 23 July 2013, MFSD (at no. 392) in the list of entities authorized to perform the training of mediators of civil and commercial disputes, held at the Directorate General of Civil Justice pursuant to Ministerial Decree 180/2010. 

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Crossing the Desert of the IP Mediation
Milan, July 12th, 2013. In a figurative sense, it is sometimes used in political and journalistic language, the sentence "crossing the desert" (which translates the French "traversée du desert"), suggested by the biblical story of the long journey through the desert made by the Jews after the exodus from Egypt to the promised land, meaning a transition between two historical moments or politicians, and in particular the withdrawal from the scene for a period longer or shorter, a known personality of the political world. And this seems to be the disappearance or rather the absence of Intellectual Property (IP) from the compulsory subjects of mediation. And instead, here she is back, after a long period of silence, after a phase of transition between two historical moments: the marginalization of IP from the debate on the introduction of Mediation and the sudden attention whatsoever to the Justice Commission of the Chamber of Deputies on the occasion of the inquiry on the measures in the field of justice provided for by the Decree Law of the so-called "To Do". An important contribution to the inclusion of IP disputes in the areas in which it should be mandatory mediation was offered by the University of Florence, in the person of Prof. Paola Lucarelli. Observations of Florence University, which have in recent years applied the theory in practice of the Court of the Tuscan capital, have been largely adopted in the opinion of the Justice Committee hopes that the amendments to the Decree Law of the "To Do". Opposite the Italian National Bar Council enlargement of the compulsory matters (although it provides for the gratuity of the preparatory meeting of the mandatory mediation and the assistance of the lawyer), the work of Italian Parliament continue. And crossing the desert of Mediation in Italian Civil Justice as well. Pierfrancesco C. Fasano, Mediation Case Manager. © All rights reserved.

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Back to the mandatory mediation' Grande Bellezza
Milan, June 18th, 2013. In "La grande bellezza", the latest movie screenplayed and directed by Paolo Sorrentino, Rome becomes the scene of dreamlike interludes, cartoons, omens and random encounters. From cardinals who are cooking at strippers by dark secrets. The death that affects more and more closely. And Jep Gambardella (a wonderful Toni Servillo), writer and theater critic, walking, reflecting, lives in Rome by night of palaces and parties mysterious trash. Looking for a beauty essential that only a living saint, coming from a world too far away from her, you can remind him. And so the Civil Justice becomes dream theater of the Government of the moment, with interventions schizophrenics (mandatory is back), impairing (lawyers todos mediadores and indispensable to have a conciliation agreement enforceable), pseudo-progressive and solvers (disposal of backlog appeal cases per 200 € each, by law professionals, even retired). Lawyers asking to be recognized in the constitutional role of mediators and mediation centers which, disguised as fans, clacsonando are unleashed on social networks gloating the return of mandatory mediation. MFSD as Jep Gambardella, continues to walk and think about the effects of "doing" (the name by which the emergency decree is called still to be published, and signed into law) and no-doing in the administration of justice made ​​of opposing fans and legitimate lobbies, and inappropriate celebrations. Looking for a beauty essential Civil Justice, which only a vision of dispute resolution, no axioms, pre-concepts and rulings, it is able to give. Pierfrancesco C. Fasano, Mediation Case Manager. © All Rights Reserved.

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Preliminary information meeting
Milan, 14 June 2013. The cart before the oxen or the horse ? After the entry into force of the Law on Mediation and even more so after the ruling of the Italian Constitutional Court which repealed (for a formal defect) the mandatory mediation and mediation, the consensus is that the audience of potential users do not know the benefits or have a superficial knowledge of the mediation. MFSD, while agreeing in the abstract on the voluntary nature of mediation in practice and in a first phase agrees with the need for mandatory mediation, but above all the need for dissemination of the culture of the amicable settlement of conflicts, not at any cost, but if circumstances necessary to advise it. While waiting for the Government and Parliament summarizing the initiative on this point, as recommended by the Commission of Experts (so-called Essays) appointed by the President of Italian Republic and confirmed by the Prime Minister and the Minister of Justice, MFSD provides businesses and citizens a preliminary session information on mediation, following the experiences of other European countries (eg. Romania) suffering from a chronic backlog, staffing shortages, budget constraints and a litigious culture. There are many suspicions, the preliminary ruling, the suspects, pre-concepts. Few have experienced or have known or even seen him work a mediator or a mediation center. The same happened in the U.S. when the federal courts threw in the 70s the mediation programs, and so also in Europe today. The distrust of the unknown and for all that you do not know no boundaries, change the expressions: avoid "putting the cart before the oxen" or the English say "put the cart before the horse," the Italians say. Same concept, changes the quadruped. We avoid prejudice to prefer to mediation. For any further information on the Preliminary Information Meeting (PIM) visit this website Mediation section.

Pierfrancesco C. Fasano, Mediation Case Manager. © All Rights Reserved.

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Reserve Bank of Italy calls for mandatory mediation

The Reserve Bank of Italy in its annual report filed (May 31st, 2013) by the Governor Ignazio Visco ordinary meeting of the participants argues that: "In December 2012, the Constitutional Court declared unconstitutional to misuse of power the mandatory settlement introduced in 2010. The possible reintroduction of the instrument, appropriately adjusted to overcome some critical issues in the rules repealed, could help reduce the litigation".

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EU recommends Italy boosting ADR and mediation
Brussels, 29 May 2013. In Recommendation on the National Reform Programme 2013 of Italy and delivering an opinion on the stability program 2012-2017, the European Council notes that, following the judgment of the Constitutional Court of October 2012 on mediation, it is necessary to intervene to promote the use of-court dispute resolution. And in this context, the Council recommends simplification of the administrative and regulatory framework for citizens and businesses, shorten the duration of civil proceedings and reduce the high level of civil litigation, including promoting the use of court procedures for resolving disputes. Read below the full document official.

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Comics and Mediation
Milan, May 8th, 2013. Pierfrancesco C. Fasano, MFSD Mediation Case Manager, will speak at the conference "The creative industries and the settlement of disputes: the importance of mediation", included in the program of the ninth edition of "Fullcomics & Games". The free registration is open. The conference will take place at the Urban Center in the Galleria Vittorio Emanuele in Milan, May 24th from 10 am to 1 pm. As places are limited, the interested parties must pre-register for free by filling out the form on the website of the event. Guest speakers will address the theme of the use of mediation in the world of creative industries as a system of settling disputes out of court.

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Brazilian IP Office is launching Mediation Center
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ARTICLE
Intro

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Position paper on Green Paper and Court-annexed mediation

MFSD answers to the questions put by the Italian Ministry of Justice, as part of the public consultation for the preparation of a quality manual of mediation. 31 questions contained in a so-called Green Paper (in European Commission' way) to increase confidence in the new procedure, which also in the celebration of the Italian judicial year was mentioned as one of the possible means to achieve a more efficient system of Italian civil justice. 

MFSD contributes to the 2013 project "Court-annexed Mediation" (free download n° presentations - Obsevatory and Hon. Giuseppe Buffone - in Italian language on home page) promoted by the Milan Court of Appeal Observatory on Civil Justice. On the home page the document with proposed MFSD' criteria for the identifying cases referable to mediation and proposals for updating the judges guidelines. The Legislative Office of the Italian Ministry of Justice is preparing a proposal for enhancement of the Court-annexed mediation, as the report on the administration of Justice widespread 2012 at the judicial year 2013 celebration.

Download the MFSD papers (Italian language) but please before register on this website.

 
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