Publicação
Mediação portucalense de conflitos de propriedade intelectual
| Resumo: | The present work aims to demonstrate to which extent the Intellectual Property (IP) conflicts - which involve patentes, brands and copyrights – are able to resort to medation and how can this be done in Portugal. IP gathers a great amount of assets in the world market and its impact in the economic, financial and cultural growth of society in general is highly evidente. Nonetheless, in the last couple of years, the complexity and technicality of the IP litigation of conflicts has contributed for an increased demand from various countries of North America, Asia and Europe for mediation as an alternative mean for the resolution of disputes. Portugal must not be an exception to this trend and should reach for an inversion in the paradigm of Justice in which the right to acess Law does not have to necessarily be a right to access courts. Instead, it should be the right to access a kind of platform where the parties involved are the key players of the procedure and of the conflict’s resolution with the help from a third neutral and qualified party. Thus, the conflicts’ resolution in courts should be seen as a last resort. The adopted methodology requires the explanation of mediation’s characteristics and its procedure, followed by an analysis of the Portuguese reality when it comes to the resolution of IP conflicts and of the advantages and limitations of mediation in solving IP conflicts – especially, in the case of patentes, brands and copyrights. At last, this work elaborates a proposal for the mediation of IP conflicts in Portugal, which includes the adoption of a public system of mediation similar to the ones that already exist in the labour law, family law and penal law with special emphasis in the adpotion of a hybrid style in the conduction of the mediation by the mediator. Of all the work’s explanation, it will result that mediation is widely admissible and adequated to the complexity and technicality of the IP conflicts, especially in the case of Portugal which, although the benefits derived from the creation of the Intellectual Property Court (IPC), the typical difficulties to resort to courts in the field of IP were not properly eliminated or mitigated. |
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| Autores principais: | Rodrigues, João Pedro Ribeiro de Sousa |
| Assunto: | Portugal Conflitos de propriedade intelectual Mediação Patentes Marcas Direitos de autor Sistema público de mediação Mediação facilitadora Mediação avaliativa/interventiva Intellectual property conflicts Mediation Patents Brands Copyrights Public system of mediation Facilitating mediation Evaluating/interventional mediation |
| Ano: | 2017 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | português |
| Origem: | Repositório Institucional da UNL |
| Resumo: | The present work aims to demonstrate to which extent the Intellectual Property (IP) conflicts - which involve patentes, brands and copyrights – are able to resort to medation and how can this be done in Portugal. IP gathers a great amount of assets in the world market and its impact in the economic, financial and cultural growth of society in general is highly evidente. Nonetheless, in the last couple of years, the complexity and technicality of the IP litigation of conflicts has contributed for an increased demand from various countries of North America, Asia and Europe for mediation as an alternative mean for the resolution of disputes. Portugal must not be an exception to this trend and should reach for an inversion in the paradigm of Justice in which the right to acess Law does not have to necessarily be a right to access courts. Instead, it should be the right to access a kind of platform where the parties involved are the key players of the procedure and of the conflict’s resolution with the help from a third neutral and qualified party. Thus, the conflicts’ resolution in courts should be seen as a last resort. The adopted methodology requires the explanation of mediation’s characteristics and its procedure, followed by an analysis of the Portuguese reality when it comes to the resolution of IP conflicts and of the advantages and limitations of mediation in solving IP conflicts – especially, in the case of patentes, brands and copyrights. At last, this work elaborates a proposal for the mediation of IP conflicts in Portugal, which includes the adoption of a public system of mediation similar to the ones that already exist in the labour law, family law and penal law with special emphasis in the adpotion of a hybrid style in the conduction of the mediation by the mediator. Of all the work’s explanation, it will result that mediation is widely admissible and adequated to the complexity and technicality of the IP conflicts, especially in the case of Portugal which, although the benefits derived from the creation of the Intellectual Property Court (IPC), the typical difficulties to resort to courts in the field of IP were not properly eliminated or mitigated. |
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