Monthly Archives: November 2017

Diversity – or a lack of it – in the Arbitration World

This post was co-authored by Matthew Rushton and Natasha Mellersh

Lack of diversity is no secret in the arbitration world. It is regularly discussed at conferences, cast into the spotlight by organisations like Arbitral Women, users of arbitration and practitioners themselves. If the first step towards recovery is acknowledging the problem, that step has been taken and measurable, if modest, progress has been achieved. Furthermore, the focus has moved from accepting the problem to identifying the causes and looking at possible solutions.


Source: JAMS ADR

Methods in mediation: the caucus or the joint session?

At a recent conference in Milan, held at the University of Milano-Bicocca University, on M&A and dispute resolution, mediation was a hot topic. Panellists discussed a number of areas ranging from mandatory mediation to arbitrating M&A disputes.

One of the key issues discussed was that of caucusing, a process in which the mediator speaks to the parties separately and privately during a mediation, away from the main meeting room. Caucusing is often combined with a joint session where both parties are present. However, some mediators prefer to keep both parties separate for the whole duration of the mediation, performing what is termed as “shuttle diplomacy”.


Source: JAMS ADR

Deluded or excluded: deciding who’s a good mediator

In a saturated market, many believe they possess the training, background, analytical capabilities and interpersonal skills to be a best-of-breed mediator. But they’re not.

Are these individuals deluded or simply excluded? If the latter, then who makes this market, and on what basis?

One route into this question is via another, arguably more esoteric but equally unregulated profession: that of the professional artist. As befits a $45bn market, the artworld has some rather better thought-through answers to the related but more challenging question of “who decides what is good art?”


Source: JAMS ADR

A new push for Mediation in the EU

The European Parliament recently adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC). The new legislation contains recommendations further encouraging the use of mediation in the EU for civil and commercial disputes.

Initiatives include increasing the number of cases where courts invite parties to use mediation; urging a greater focus on best practice – including requiring parties to state that ADR has been attempted before proceeding in court, and financial incentives to make mediation more economically attractive.Other areas of focus include information campaigns, an emphasis on quality standards and the development of national registers of mediators. 


Source: JAMS ADR

INTA Member Resources: Don’t Miss Out!

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publicresources_470x246blog.jpgDid you know that there is an incredible wealth of resources on the INTA website? INTA’s committees and project teams have worked tirelessly to analyze and summarize trademark practices, procedures, and precedent throughout the world, and the fruits of their labor are available to you on the INTA website. Have you ever wanted to know which non-traditional marks are recognized in different jurisdictions? Would you like to see a country-by-country comparison of trademark protection essentials? Just log on!




Here are some examples of the amazing resources you will find:




Searchable Guides:

  • Country Guides: A searchable guide of country profiles offering basic, practical information on: trademark filing, prosecution, registration, and maintenance. http://applications.inta.org/apps/cgs_presentation/ 
  • U.S. State Trademark and Unfair Competition Law: A comprehensive source for facts, commentary, and analysis on U.S. state trademark and unfair competition law. http://applications.inta.org/apps/states/full_report/
  • Enforcement: An International Litigation Guide: A searchable guide providing information on the many facets of trademark litigation, including: pre-filing requirements; claims for infringement of registered and unregistered marks; emergency measures; early resolution of litigation; evidence; trials and oral hearings; judgment and final orders; post-judgment issues; costs of litigation; and remedies. https://applications.inta.org/apps/enforcement_presentation 
  • International Opposition Guide: A searchable guide of country profiles on the structure of trademark opposition practice and procedure, including: general provisions, applicable grounds, alternatives to opposition, opponent issues, filing requirements, post-filing stages, and procedures. http://applications.inta.org/apps/iogs_presentation/ 
  • Trade Dress: International Practice & Procedures: A searchable guide of comprehensive country profiles on trade dress protection and enforcement that clarify boundaries of protection of trade dress afforded by trademark, design right, copyright, and patent law and navigate the complexities of enforcing trade dress rights, including available causes of action, standing, jurisdiction, remedies, and defenses, including hundreds of separately searchable exhibits. http://applications.inta.org/apps/tradedress_presentation/ 
  • Geographical Indications, Certification Marks, and Collective Marks: A searchable guide of basic, practical information on protection for geographical indications, certification marks, and collective marks. http://applications.inta.org/apps/gis_presentation/ 
  • Practitioner’s Guide to the Madrid Agreement and Madrid Protocol: A searchable guide providing practical information on the local application of both treaties in the member countries covering practice and procedure in obtaining, maintaining, licensing, and enforcing registrations obtained through the Madrid System and detailed information about how each jurisdiction treats marks extending to it. https://www.inta.org/MadridProtocol/Pages/MadridProtocol.aspx
  • Trademark Cancellations: A searchable guide that provides practical information on trademark cancellation practice and procedure in country profiles covering topics including: availability of cancellation proceedings, applicable grounds, venue for bringing such proceedings, representation, time frames, estimated costs, and rights of appeal. https://www.inta.org/Cancellations/Pages/Cancellations.aspx

Charts, Maps & Other Visual Aids: 

And More:




Published: 11/3/2017 12:21 PM


Source: TM NEWS

INTA’s Leadership Meeting: Sessions Taught by Harvard Law School Executive Education

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2017_lm_530x290_hpsliderblog11117.jpgOn November 7th, from noon until 1:30, Harvard Law School professors Scott A. Westfahl and William “Terry” W. Fisher will join INTA’s annual Leadership Meeting to engage participants in leadership discussions through interactive, business-school style cases as part of the Harvard Law School Executive Education: Development of Professionals Workshop. Professor Westfahl and Professor Fisher’s sessions offer a model of pedagogy that is embodied at Harvard Law School Executive Education (“HLS Executive Education”). 




The program curriculums at HLS Executive Education incorporate numerous case studies, as this teaching method offers participants exposure to real-world issues and helps them work through possible approaches and solutions to the current and foreseeable challenges in the global legal profession. At the HLS Executive Education Workshop, Professors Westfahl and Fisher will lead participants in sessions that will take a deep dive into the challenges associated with providing feedback and protecting intellectual property, respectively, through two case studies: (1) Rob Parson at Morgan Stanley, and (2) Intellectual Property Strategy at North Technology Group.




The Importance of Feedback




Professor Westfahl will teach the nuanced and complex Rob Parson at Morgan Stanley case to examine the critical role of feedback at an individual, departmental, and organizational level. The case follows the protagonist, Rob Parson, who is a star producer in Morgan Stanley’s Capital Markets division and has been recruited from a competitor the prior year. Parson’s reviews from the 360-degree performance evaluation process reveal that he has been having difficulty adapting to the firm’s culture, and his manager, Paul Nasr, faces the difficult decision of whether to promote Parson to managing director. The case allows participants to explore the challenges associated with performance appraisal and development of professionals.




Intellectual Property and Strengthening Competitive Positions




Professor Fisher will teach the Intellectual Property Strategy at North Technology Group case to examine the challenges that knowledge-intensive organizations face as they seek to protect their intellectual property. The case centers around North Sails, the world’s leading sailmaker. The company commands a global market share of more than 50%, but currently uses neither patents nor copyright to protect its technology. CEO Tom Whidden needs to consider how to best defend the company’s leading position. By highlighting the costs and benefits of patents and copyright, the case points to a challenge that is common across many companies: their most valuable assets are largely intangible, and these assets cannot easily be pinned down and protected. 




More About Harvard Law School Executive Education




HLS Executive Education is an organization dedicated to: (1) developing lawyers as leaders to strengthen the legal profession; (2) incubating innovative approaches to lawyer and law student development and education; and (3) ultimately helping leaders and professionals globally to make a difference through truly understanding the legal frameworks and context in which they act. HLS Executive Education offers unique open enrollment programs throughout the year—for early-stage equity partners, senior law firm leaders, and general counsel/in house lawyers—in addition to custom programs designed for particular firms or corporate law departments. Led by Harvard faculty and esteemed guests who have both academic and practice expertise, the programs at HLS Executive Education provide participants with critical perspectives, tools, and frameworks, along with the key skills required to lead their organizations in the evolving global legal profession. 







Published: 11/1/2017 9:16 AM
BlogTag: Leadership Meeting

Source: TM NEWS

Brands, Business, and Good Karma?

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INTA_brand_authenticity_main_300blog.jpgThose who know me can imagine that I was excited about the announcement that, beginning with its Spring–Summer collection 2018, Gucci is going fur free. Why is this important enough to justify even a report on CNN? Because Gucci is one of the most iconic and revered traditional fashion brands of all times, and yet it seems the brand has heard the voice of its consumers and fans who, as part of a more mindful consumerism, are asking for change and voting with their wallet to support brands responsive to these requests and the new realities. 




And Gucci is not the only example of Brands that have embraced the new reality that doing good can go hand in hand with doing well financially, and that “being the change…” may create not only great karma but also a robust bottom line. Others, too, know the benefits of corporate social responsibility (CSR) and sustainability. There are the ones who always knew—the trailblazers such as Patagonia, which is true to its slogan “Create the best product, cause no unnecessary harm,” and TOMS, the creator of the “One for One” economy, which half the world predicted would fail when it launched but which has, in fact, thrived and in the course of its success has provided millions of children in need with shoes. But good karma is going mainstream: Adidas has developed a shoe made from recycled plastic bottles and material recovered from abandoned gill nets in the ocean; the “B Team” was created by industry leaders such as Unilever, Virgin, Allianz Group, Salesforce, and Natura to change the way we do business “for the well-being of people and planet”; and Leonardo DiCaprio just joined Bill Gates as an investor in meat alternatives produced by Beyond Meat. 




In conclusion, brands are investing in good karma by becoming the leaders of change, and we IP lawyers need to be able to address CSR-related issues and be the best strategic partners to these businesses we can be. CSR and sustainability are quickly becoming among the most important factors permeating every type of business decision, including the ones we thought were exclusive to the specialized (and, for outsiders, sometimes slightly wacky and incomprehensible) world of IP lawyers. And that is exactly what our Brand Authenticity Conference is about—come join us in Berlin on November 30 and December 1​—our exciting speakers will tell you all about the intersection of brands and CSR and…good karma. 







Category: Programs; Europe
Published: 11/1/2017 6:38 AM

Source: TM NEWS