This chapter outlines the national and local policy context for parking policies and enforcement in England:
1. Effective parking management is key to reducing congestion under the national transport strategy. Local authorities must develop integrated parking strategies and use traffic orders to implement restrictions.
2. The 1991 Road Traffic Act allowed local authorities to take over parking enforcement from the police. Under the 2004 Traffic Management Act, authorities outside London now have similar enforcement powers to those in London.
3. This guidance uses the terminology of the 2004 Act, referring to civil enforcement officers, penalty charge notices, and enforcement authorities. It advises developing parking policies that suit local needs while being fair and effective.
ALTERNATIVE DISPUTE RESOLUTION IS THE QUICKEST WAY TO SETTLE DISPUTESSsetimba Peter
Alternative dispute resolution (ADR) provides a quicker and less expensive way to settle disputes without resorting to the formal court system. ADR has a long tradition in Uganda, existing in communities before colonial times when disputes were resolved communally. However, the introduction of the colonial court system based on common law replaced traditional ADR over time. Now, courts in Uganda require parties to attempt mediation through ADR before a case can be heard. Organizations like World Voices Uganda and the Center for Arbitration and Dispute Resolution help facilitate ADR and often help disputing parties reach agreements instead of lengthy and costly litigation. It is generally better for parties to seek advice from knowledgeable individuals through ADR to resolve disputes rather than
Curbing Social Inequalities And Gender-Based Injustices In Igboland: The Role...IOSR Journals
In this study, the roles of alternative dispute resolution (ADR) traditional bodies in curbing obnoxious gender-based societal practices and injustices in Igboland of Nigeria is critically examined. It is occasioned by public complaints that the orthodox legal system is oftentimes weak and slow in addressing this problem. The poor, the weak and the voiceless in society including women and girls who cannot afford the costs of long and tortuous legal battles in court are usually victims of injustices, unjust practices and lack of equal access to the formal justice system. The specific objectives of the study were to: ascertain the length of time it takes to dispense cases in the formal courts; determine the roles of alternative dispute resolution (ADR) traditional bodies in Igboland in correcting social injustices and in dispute mediations and resolutions in Igbo communities; assess their comparative acceptability vis-à-vis the formal court system amongst the Igbo people of Nigeria. In the study methodology, a combination of desk research and survey technique was employed in gathering data, which were statistically analysed through tests of proportions. Results obtained showed that it takes relatively long to dispense cases in Nigerian courts; alternative dispute resolution (ADR) traditional bodies in Igboland contribute significantly in redressing obnoxious traditional practices and in dispute resolutions in Igbo communities. They are significantly more acceptable and patronized by the people more than the formal courts. It was then recommended that the government of Nigeria should recognize these bodies, use conflict-free public relations media to enlighten them better on fair justice resolution styles and integrate them into the country’s formal legal system
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
This document appears to be a student research project on alternative dispute resolution focusing on competitive negotiation. It includes an introduction to negotiation principles and styles. It discusses collaborative negotiation and its features. It then defines competitive negotiation, describing it as an aggressive, win-lose approach. The document will compare and contrast collaborative and competitive negotiation, ultimately criticizing the latter approach. It includes headings for chapters on negotiation, styles, competitive negotiation, and a comparison of the two approaches.
Alternative dispute resolution (ADR) refers to ways of resolving disputes outside of litigation, such as negotiation, mediation, arbitration, and collaborative processes. ADR methods are commonly used in family law cases as they often result in more satisfied clients and allow the parties to voluntarily reach mutually agreeable settlements. Key ADR approaches discussed in the document include negotiation between the parties or their lawyers, mediation which uses a neutral third party to facilitate discussion, and arbitration where a third party makes a binding decision.
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
conflict resolution has always been an issue of the Criminal Justice System at the international and national levels, but globalization thinking has brought about new mechanism for resolving conflicts.
This chapter outlines the national and local policy context for parking policies and enforcement in England:
1. Effective parking management is key to reducing congestion under the national transport strategy. Local authorities must develop integrated parking strategies and use traffic orders to implement restrictions.
2. The 1991 Road Traffic Act allowed local authorities to take over parking enforcement from the police. Under the 2004 Traffic Management Act, authorities outside London now have similar enforcement powers to those in London.
3. This guidance uses the terminology of the 2004 Act, referring to civil enforcement officers, penalty charge notices, and enforcement authorities. It advises developing parking policies that suit local needs while being fair and effective.
ALTERNATIVE DISPUTE RESOLUTION IS THE QUICKEST WAY TO SETTLE DISPUTESSsetimba Peter
Alternative dispute resolution (ADR) provides a quicker and less expensive way to settle disputes without resorting to the formal court system. ADR has a long tradition in Uganda, existing in communities before colonial times when disputes were resolved communally. However, the introduction of the colonial court system based on common law replaced traditional ADR over time. Now, courts in Uganda require parties to attempt mediation through ADR before a case can be heard. Organizations like World Voices Uganda and the Center for Arbitration and Dispute Resolution help facilitate ADR and often help disputing parties reach agreements instead of lengthy and costly litigation. It is generally better for parties to seek advice from knowledgeable individuals through ADR to resolve disputes rather than
Curbing Social Inequalities And Gender-Based Injustices In Igboland: The Role...IOSR Journals
In this study, the roles of alternative dispute resolution (ADR) traditional bodies in curbing obnoxious gender-based societal practices and injustices in Igboland of Nigeria is critically examined. It is occasioned by public complaints that the orthodox legal system is oftentimes weak and slow in addressing this problem. The poor, the weak and the voiceless in society including women and girls who cannot afford the costs of long and tortuous legal battles in court are usually victims of injustices, unjust practices and lack of equal access to the formal justice system. The specific objectives of the study were to: ascertain the length of time it takes to dispense cases in the formal courts; determine the roles of alternative dispute resolution (ADR) traditional bodies in Igboland in correcting social injustices and in dispute mediations and resolutions in Igbo communities; assess their comparative acceptability vis-à-vis the formal court system amongst the Igbo people of Nigeria. In the study methodology, a combination of desk research and survey technique was employed in gathering data, which were statistically analysed through tests of proportions. Results obtained showed that it takes relatively long to dispense cases in Nigerian courts; alternative dispute resolution (ADR) traditional bodies in Igboland contribute significantly in redressing obnoxious traditional practices and in dispute resolutions in Igbo communities. They are significantly more acceptable and patronized by the people more than the formal courts. It was then recommended that the government of Nigeria should recognize these bodies, use conflict-free public relations media to enlighten them better on fair justice resolution styles and integrate them into the country’s formal legal system
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
This document appears to be a student research project on alternative dispute resolution focusing on competitive negotiation. It includes an introduction to negotiation principles and styles. It discusses collaborative negotiation and its features. It then defines competitive negotiation, describing it as an aggressive, win-lose approach. The document will compare and contrast collaborative and competitive negotiation, ultimately criticizing the latter approach. It includes headings for chapters on negotiation, styles, competitive negotiation, and a comparison of the two approaches.
Alternative dispute resolution (ADR) refers to ways of resolving disputes outside of litigation, such as negotiation, mediation, arbitration, and collaborative processes. ADR methods are commonly used in family law cases as they often result in more satisfied clients and allow the parties to voluntarily reach mutually agreeable settlements. Key ADR approaches discussed in the document include negotiation between the parties or their lawyers, mediation which uses a neutral third party to facilitate discussion, and arbitration where a third party makes a binding decision.
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
conflict resolution has always been an issue of the Criminal Justice System at the international and national levels, but globalization thinking has brought about new mechanism for resolving conflicts.
Alternate Dispute Resolution: The Employers Alternative to Legal LimboEmployers Resource
Employers are often the target of employee lawsuits. The traditional litigation process falls short in protecting employers. Our ADR program can help your business eliminate litigation and save you in legal costs and hassle. Discover the best alternative to the courtroom that manages your disputes quickly, economically, fairly, and privately.
This document provides an overview of alternative dispute resolution (ADR) methods. It introduces ADR and defines it as any means of settling disputes without litigation. The main ADR methods discussed are mediation, arbitration, neutral evaluation, negotiation and conciliation. Mediation uses a neutral third party to help parties reach an agreement. Arbitration involves binding decisions by expert arbitrators. Neutral evaluation involves early case presentations to a neutral expert. Negotiation and conciliation allow parties to explore solutions with the help of a third party. Other methods mentioned include expert determination, appointing an independent solicitor, and collaborative law.
Three main methods of alternative dispute resolution are discussed: arbitration, mediation, and expert evaluation. Arbitration involves a final binding decision by an impartial person. Mediation uses a neutral party to facilitate discussion between disputing parties to find a mutual agreement. Expert evaluation uses an independent expert as a neutral fact-finder, especially for complex business disputes. ADR methods are increasingly used to resolve various types of disputes including sports contracts, unfair/misleading sales practices, and property/land disputes to reduce court backlogs and maintain relationships. However, more research is still needed to fully evaluate the impact of ADR programs.
This document discusses alternative dispute resolution (ADR) methods. It outlines five main types of ADR: negotiation, mediation, conciliation, arbitration, and collaborative law. Negotiation involves parties discussing to find an agreed solution without being binding. Mediation uses an impartial third party to direct discussion but not suggest outcomes. Conciliation is like mediation but the third party can make suggestions. Arbitration uses a third party to impose a binding decision. Collaborative law involves lawyers collaborating to settle without litigation. Advantages of ADR include being less formal, cheaper and faster than courts. Disadvantages are some disputes not being suitable and decisions not always legally binding.
This document discusses alternative dispute resolution (ADR) techniques for resolving disputes outside of litigation. It defines ADR as approaches that resolve conflicts in a non-confrontational manner. The document then lists and describes the main ADR types: negotiation, mediation, arbitration, ombuds, and family group conferences. Negotiation involves voluntary participation with no third party, while mediation uses a third party facilitator. Arbitration employs a third party to impose a resolution. Ombuds and family group conferences are also discussed. The document concludes that the appropriate ADR technique depends on each situation.
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
Alternative dispute resolution (ADR) includes methods for resolving disputes outside of the official court system such as negotiation, mediation, arbitration, conciliation, case evaluation, and ombuds. ADR offers benefits like flexibility, lower costs than litigation, preserving relationships, and confidentiality. In Córdoba, Argentina, common ADR organizations include the Department of Consumer Affairs, Department of Labour, and Mediation Center.
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
The document discusses various topics related to practice management in dentistry. It covers recognizing concepts of quality assurance and stress management. It emphasizes working collaboratively, sharing information, and giving/receiving constructive feedback. It also discusses adopting continuing education, evaluating performance, and using technology. Additional sections provide guidance on establishing a successful private practice, including choosing a location, building a patient list, setting fees, and basic furnishing/equipment needs. Ergonomics and minimizing fatigue are also addressed.
The document defines key terms related to industrial disputes and the Industrial Disputes Act of 1947 in India such as industrial dispute, workman, wages, and public utility service. It outlines the objectives of the act to promote amity between employers and workers. It describes features such as encouraging arbitration, setting up works committees, and empowering government authorities to resolve disputes. Finally, it explains the various authorities established under the act to handle different types and levels of disputes, such as conciliation officers, boards of conciliation, courts of inquiry, labour courts, and national tribunals.
Afnic Public Consultation on EXPERTS WIPO ADR overviewAfnic
This is the overview of the Afnic public consultation on Experts WIPO ADR that tool place between 11 March and 2 April 2013 at midnight. More details on http://www.afnic.fr/en/ressources/public-consultations/experts-wipo-adr-public-consultation/
I phone X proximity sensor and food illuminator patent to product mapping sa...Knowmade
Report’s Key Features
• PDF > 110 slides
• Link between key product features and patents owned by STMicroelectronics, Lumentum, and Philips
• Essential patent portfolio analysis for STMicroelectronics, Lumentum, and Philips, related to VCSEL and ToF sensors. Includes:
– Time evolution of patent publications, and countries of patent filings
– Current legal status of patents
– Citation network and competitive IP networks
• Deep insight into technology data, including teardown analysis of:
– STMicroelectronics ToF sensor
– Philips’ VCSEL source
– Lumentum’s VCSEL array
For more information on the 2012 Afnic Anual Report http://www.afnic.fr/en/about-afnic/news/general-news/7049/show/afnic-annual-report-changes-in-2012-detailed-2.html
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
This document provides a statistical analysis of new patent applications related to acne treatments that were published between May 2012 and June 2013. It contains an overview of the patent landscape including segmentation by technology type (e.g. natural products, formulations, devices), statistics on patent applicants and inventors, summaries of the main patent classes and subclasses, and analyses of the countries of filing and legal status of patent filings. The document contains information on over 800 new patent families filed by over 400 patent applicants located mainly in China, Korea, USA and France.
AI-SDV 2020: How to know the patent applicants better? Emmanuelle Fortune (In...Dr. Haxel Consult
This case study provides an example of how to know better patent applicants at the French Patent Office using the French patent database.
Key questions for this applicants’ analysis are:
What are the different types of patent applicants?
What are the geographical localisations of patent applicants?
What are the technological domains of applicants and do they have several domains?
Do patent applicants often extend their French patent applications?
What are the links between applicants’ types and technological domains, international extension, or geographical localisations?
IC-SDV 2018: Emmanuelle Fortune (INPI) Tale of patents filed in France in 1999Dr. Haxel Consult
This document summarizes a study on patents filed in France in 1999. It finds that of the 16,868 patent applications filed, 12,673 were granted. Large companies accounted for nearly 60% of the 8,521 patents granted to French corporate bodies. Over time, the number of patents remaining in force decreased, with just under 25% still active after 16 years. Factors like citations, number of claims, and litigation supported longer patent lifetimes, while rejected extensions at the EPO led to shorter ones.
Alternate Dispute Resolution: The Employers Alternative to Legal LimboEmployers Resource
Employers are often the target of employee lawsuits. The traditional litigation process falls short in protecting employers. Our ADR program can help your business eliminate litigation and save you in legal costs and hassle. Discover the best alternative to the courtroom that manages your disputes quickly, economically, fairly, and privately.
This document provides an overview of alternative dispute resolution (ADR) methods. It introduces ADR and defines it as any means of settling disputes without litigation. The main ADR methods discussed are mediation, arbitration, neutral evaluation, negotiation and conciliation. Mediation uses a neutral third party to help parties reach an agreement. Arbitration involves binding decisions by expert arbitrators. Neutral evaluation involves early case presentations to a neutral expert. Negotiation and conciliation allow parties to explore solutions with the help of a third party. Other methods mentioned include expert determination, appointing an independent solicitor, and collaborative law.
Three main methods of alternative dispute resolution are discussed: arbitration, mediation, and expert evaluation. Arbitration involves a final binding decision by an impartial person. Mediation uses a neutral party to facilitate discussion between disputing parties to find a mutual agreement. Expert evaluation uses an independent expert as a neutral fact-finder, especially for complex business disputes. ADR methods are increasingly used to resolve various types of disputes including sports contracts, unfair/misleading sales practices, and property/land disputes to reduce court backlogs and maintain relationships. However, more research is still needed to fully evaluate the impact of ADR programs.
This document discusses alternative dispute resolution (ADR) methods. It outlines five main types of ADR: negotiation, mediation, conciliation, arbitration, and collaborative law. Negotiation involves parties discussing to find an agreed solution without being binding. Mediation uses an impartial third party to direct discussion but not suggest outcomes. Conciliation is like mediation but the third party can make suggestions. Arbitration uses a third party to impose a binding decision. Collaborative law involves lawyers collaborating to settle without litigation. Advantages of ADR include being less formal, cheaper and faster than courts. Disadvantages are some disputes not being suitable and decisions not always legally binding.
This document discusses alternative dispute resolution (ADR) techniques for resolving disputes outside of litigation. It defines ADR as approaches that resolve conflicts in a non-confrontational manner. The document then lists and describes the main ADR types: negotiation, mediation, arbitration, ombuds, and family group conferences. Negotiation involves voluntary participation with no third party, while mediation uses a third party facilitator. Arbitration employs a third party to impose a resolution. Ombuds and family group conferences are also discussed. The document concludes that the appropriate ADR technique depends on each situation.
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
Alternative dispute resolution (ADR) includes methods for resolving disputes outside of the official court system such as negotiation, mediation, arbitration, conciliation, case evaluation, and ombuds. ADR offers benefits like flexibility, lower costs than litigation, preserving relationships, and confidentiality. In Córdoba, Argentina, common ADR organizations include the Department of Consumer Affairs, Department of Labour, and Mediation Center.
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
The document discusses various topics related to practice management in dentistry. It covers recognizing concepts of quality assurance and stress management. It emphasizes working collaboratively, sharing information, and giving/receiving constructive feedback. It also discusses adopting continuing education, evaluating performance, and using technology. Additional sections provide guidance on establishing a successful private practice, including choosing a location, building a patient list, setting fees, and basic furnishing/equipment needs. Ergonomics and minimizing fatigue are also addressed.
The document defines key terms related to industrial disputes and the Industrial Disputes Act of 1947 in India such as industrial dispute, workman, wages, and public utility service. It outlines the objectives of the act to promote amity between employers and workers. It describes features such as encouraging arbitration, setting up works committees, and empowering government authorities to resolve disputes. Finally, it explains the various authorities established under the act to handle different types and levels of disputes, such as conciliation officers, boards of conciliation, courts of inquiry, labour courts, and national tribunals.
Afnic Public Consultation on EXPERTS WIPO ADR overviewAfnic
This is the overview of the Afnic public consultation on Experts WIPO ADR that tool place between 11 March and 2 April 2013 at midnight. More details on http://www.afnic.fr/en/ressources/public-consultations/experts-wipo-adr-public-consultation/
I phone X proximity sensor and food illuminator patent to product mapping sa...Knowmade
Report’s Key Features
• PDF > 110 slides
• Link between key product features and patents owned by STMicroelectronics, Lumentum, and Philips
• Essential patent portfolio analysis for STMicroelectronics, Lumentum, and Philips, related to VCSEL and ToF sensors. Includes:
– Time evolution of patent publications, and countries of patent filings
– Current legal status of patents
– Citation network and competitive IP networks
• Deep insight into technology data, including teardown analysis of:
– STMicroelectronics ToF sensor
– Philips’ VCSEL source
– Lumentum’s VCSEL array
For more information on the 2012 Afnic Anual Report http://www.afnic.fr/en/about-afnic/news/general-news/7049/show/afnic-annual-report-changes-in-2012-detailed-2.html
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
This document provides a statistical analysis of new patent applications related to acne treatments that were published between May 2012 and June 2013. It contains an overview of the patent landscape including segmentation by technology type (e.g. natural products, formulations, devices), statistics on patent applicants and inventors, summaries of the main patent classes and subclasses, and analyses of the countries of filing and legal status of patent filings. The document contains information on over 800 new patent families filed by over 400 patent applicants located mainly in China, Korea, USA and France.
AI-SDV 2020: How to know the patent applicants better? Emmanuelle Fortune (In...Dr. Haxel Consult
This case study provides an example of how to know better patent applicants at the French Patent Office using the French patent database.
Key questions for this applicants’ analysis are:
What are the different types of patent applicants?
What are the geographical localisations of patent applicants?
What are the technological domains of applicants and do they have several domains?
Do patent applicants often extend their French patent applications?
What are the links between applicants’ types and technological domains, international extension, or geographical localisations?
IC-SDV 2018: Emmanuelle Fortune (INPI) Tale of patents filed in France in 1999Dr. Haxel Consult
This document summarizes a study on patents filed in France in 1999. It finds that of the 16,868 patent applications filed, 12,673 were granted. Large companies accounted for nearly 60% of the 8,521 patents granted to French corporate bodies. Over time, the number of patents remaining in force decreased, with just under 25% still active after 16 years. Factors like citations, number of claims, and litigation supported longer patent lifetimes, while rejected extensions at the EPO led to shorter ones.
This document outlines the terms and conditions of a competition to win tickets to see 981 Heritage in London hosted on Twitter by DeezerUK from June 27 to July 4, 2014. To enter, participants must follow DeezerUK and 981festival on Twitter, tweet the name of a performing artist with @DeezerUK and #Deezer981. One winner will be randomly selected to receive Sonos speakers and tickets. Reserve winners will be selected in case the winner cannot be contacted. Personal data may be collected and used for the competition. The terms can be modified and the competition cancelled at any time by the organizer.
Bailey - C5 Paris - Investigations - 13 May 2014 [Mode de compatibilité]Patricia B.
This document summarizes key points from a presentation on conducting internal investigations and compliance procedures. It discusses:
- The advantages of internal vs. external investigations.
- Rights that must be protected for employees under investigation, including presumption of innocence and right to comment.
- Specific compliance issues in France, like labor law obligations and strict data protection laws.
- Examples of potential money laundering "red flags" and whistleblowing procedures in France.
- Considerations around disclosing investigations to external auditors or prosecutors.
Mirena Taskova - EU GDPR Intro & Update - Stanford Engineering - 14 Jan 2019Burton Lee
Talk by Mirena Taskova, Fieldfisher (San Francisco), at Stanford Engineering on January 14 2019, Session #2: 'Berlin : Mobile Banking Unicorns || EU GDPR Personal Data Privacy Update & Roadmap 2019'.
Website: http://www.StanfordEuropreneurs.org
YouTube Channel: https://www.youtube.com/user/StanfordEuropreneurs
Twitter: @Europreneurs
The report provides essential patent data, technology analysis and market forecasts for 7 selected Emerging MEMS (eMEMS) technologies that we believe will soon reach the marketplace: autofocus, AOC MEMS, chemical sensors, micro-speakers, scanning micro-mirrors, Si microfluidic and ultrasonic MEMS. The market for emerging MEMS covered in this report is expected to grow from US$171M in 2013 to US$2.8B in 2019, corresponding to a 58.2% CAGR.
1) The document outlines the terms and conditions of a competition organised by Blogmusik SAS to win a trip to see Blur in concert in Paris.
2) To enter, participants must follow @DeezerUK on Twitter, tweet the name of their favourite Blur song mentioning @DeezerUK and #BlurDeezer between June 6-9.
3) On June 9th, one winner will be selected at random who will receive tickets to the concert, travel from their home city to Paris, and overnight accommodation.
Afnic Public Consultation overview on the Opening of 1 and 2 charactersAfnic
This document provides an overview of a public consultation conducted by Afnic, the .fr registry, regarding opening registration of 1 and 2 character domain names under .fr. The consultation gathered opinions on possible opening procedures and naming restrictions through an online survey. Most discussion of the consultation was positive on social media. Contributions recommended a sunrise period to protect rights holders, special high pricing to prevent speculation, and limited naming restrictions. In general, the consultation suggested opening with a sunrise period, dissuasive pricing, and limited restrictions for 1 and 2 character .fr domains.
1) The document outlines the terms and conditions of the "Meet The Vamps" competition organized by Blogmusik SAS between April 17th and May 1st 2014 on Twitter.
2) The competition is open to UK residents aged 16 or older with a Twitter account and requires participants to follow @DeezerUK on Twitter and answer a question for a chance to win a limited edition vinyl record.
3) Five winners will be selected randomly on May 2nd and notified by Twitter direct message within 24 hours, with ten reserve winners also chosen in case winners cannot be contacted.
This document outlines the terms and conditions of a competition to win Little Mix tickets and merchandise run by Blogmusik SAS. The summary is:
1) The competition is open to UK residents aged 16+ from May 16-21, 2014 on Twitter to win Little Mix concert tickets, a signed album, poster and CDs.
2) One winner will be randomly selected and notified via Twitter DM within 24 hours of the competition closing who will receive the prizes.
3) The terms and conditions cover participant eligibility, how to enter, prize details, winner selection process, and limit the organizer's liability.
MADRID APPLICATIONS
INTRODUCTION
• India became a part of the Madrid System since July 08, 2013.
• The Madrid Agreement and the Madrid Protocol constitute the Madrid System, which governs the international registration of trademarks.
• Chapter IV A has been included in the Trade Marks Act which exclusively deals with procedural and statutory requirement for dealing with International Registrations through Madrid Protocol in India.
1) This document outlines the terms and conditions of a competition run by Blogmusik SAS to find participants' favorite songs on Deezer.
2) The competition is open to residents of Great Britain and Ireland aged 16 and over with a Twitter account from March 4-6, 2014.
3) Two winners will be selected at random to receive Philips Shibuya headphones, and notified on Twitter within 24 hours of the competition closing.
Similar to Alternative Dispute Resolution Trends 2015 (1st Semester) (20)
L’Afnic publie désormais un bilan trimestriel de ses procédures alternatives de résolution de litiges. Découverte de l’étude de ce premier trimestre 2015.
Securing Internet communications end-to-end with the DANE protocolAfnic
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Sécuriser les communications sur Internet de bout-en-bout avec le protocole DANEAfnic
Alors que la sécurisation des communications sur Internet n’a jamais été autant d’actualité, l’Afnic lance un dossier thématique consacré au protocole DANE
AFNIC just published a Practical Guide to DNSSEC deployment: this implementation and deployment manual provides practical guidance for DNS hosts to configure DNSSEC on their infrastructure;
L'Afnic vient de publier un guide pratique de déploiement de DNSSEC : ce manuel de mise en œuvre et de déploiement permet d’aider concrètement les hébergeurs de DNS à configurer DNSSEC sur leurs infrastructures. Plus d'information sur http://www.afnic.fr/fr/l-afnic-en-bref/actualites/actualites-generales/7380/show/l-afnic-s-engage-dans-la-promotion-de-dnssec-2.html
The document discusses the life cycle of .FR domain names. Domain names are registered for 1 to 10 years and must be renewed before expiration to remain active. Domain names that are not renewed on time will first be put on hold, then deleted and made available for new registration after a certain waiting period if not renewed by the original owner.
Voir cette présentation en vidéo sur http://www.youtube.com/watch?v=mLQT_i-Lgsk
Isabelle Chrisment (Inria) présente "L'initiative PLATON (PLATeforme d'Observation de l'interNet) lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
JCSA2013 07 Pierre Lorinquer & Samia M'timet - Observatoire de la résilience ...Afnic
Voir la présentation en vidéo sur http://www.youtube.com/watch?v=lhkAtsCm6fw
Pierre Lorinquer (ANSSI) et Samia M'Timet (Afnic) présentent l'essentiel de l'Observatoire 2012 de la résilience de l'Internet en France lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
L'Observaoire en question est en ligne sr http://www.afnic.fr/fr/l-afnic-en-bref/actualites/actualites-generales/7126/show/l-observatoire-sur-la-resilience-de-l-internet-francais-publie-son-rapport-2012-2.html
JCSA2013 06 Luigi Iannone - Le protocole LISP ("Locator/Identifier Sepration ...Afnic
Voir la présentation en vidéo sur http://www.youtube.com/watch?v=Om1zqb2VuPM
Luigi Iannone (Télécom ParisTech) présente "Vers un renforcement de l'architecture Internet : le protocole LISP ("Locator/Identifier Separation Protocol")" lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
JCSA2013 05 Pascal Thubert - La frange polymorphe de l'InternetAfnic
Pascal Thubert (Cisco) présente "La frange polymorphe de l'Internet" lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
JCSA2013 04 Laurent Toutain - La frange polymorphe de l'InternetAfnic
Voir la vidéo sur http://www.youtube.com/watch?v=tVzz_CSFs8A
Laurent Toutain (Télécom Bretagne) présente "La frange polymorphe de l'Internet" lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
JCSA2013 03 Christian Jacquenet - Nouveau shéma d'acheminement de trafic déte...Afnic
Retrouvez la vidéo en français sur http://www.youtube.com/watch?v=3ezs-JDac0k
Christian Jacquenet (Orange Labs) présente "Un nouveau shéma d'acheminement de trafic déterministe" lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
JCSA2013 01 Tutoriel Stéphane Bortzmeyer "Tout réseau a besoin d'identificate...Afnic
Voir la vidéo de cette présentation sur http://www.youtube.com/watch?v=HW1gkg8D7s8
Stéphane Bortzmeyer (Ingénieur R&D à l'Afnic) présente son tutoriel "Tout réseau a besoin d'identificateurs. Lesquels choisir ?" lors de la Journée du Conseil scientifique de l'Afnic 2013 (JCSA2013), le 9 juillet 2013 dans les locaux de Télécom ParisTech.
Au sujet de ce tutoriel, Stéphane Bortzmeyer indique :
Dans tout réseau, il faut identifier les objets (machines, humains, programmes en cours
d'exécution, fichiers, etc.). Cela a toujours mené à des très longs débats. Par exemple, dans les cours universitaires classiques, mais aussi dans des normes techniques comme le RFC 791, on trouve de savantes définitions des noms, des adresses, des routes, définitions que je trouve imparfaites et qui, surtout, ne collent pas du tout avec la réalité de l'Internet. On entend aussi souvent des erreurs comme de prétendre qu'un URL indique où se trouve une ressource (rien n'est plus faux). Il vaut donc mieux adopter une autre perspective, celle des propriétés.
Plutôt que d'essayer de définir la différence entre un nom et une adresse, ou de reprendre le débat philosophique entre URL et URN, attachons-nous à déterminer les propriétés des différents types d'identificateurs et voyons lesquelles sont importantes pour chaque cas d'usage.
La discussion est d'autant plus importante que, si certains identificateurs n'ont qu'on rôle technique et sont largement cachés à l'utilisateur (pensons aux adresses MAC par exemple), d'autres sont un vecteur d'identité.
Sur l'Internet, vous n'êtes pas Jean Dupont, né le 3 octobre 1978 à Bois-le-Roi, vous êtes "jdupont43" sur Twitter, vous êtes jean.dupont.fr, vous êtes jeannot@gmail.com, et
ces identificateurs, qui apparaissent à tous, sont votre identité. La première partie de l'exposé portera donc sur ces vecteurs d'identité. Quel est notre futur ?
Quelle identité sera la principale ? Aurons-nous une pluralité d'identités ou bien Facebook sera t-il le seul fournisseur d'identité (comme c'est le cas aujourd'hui pour certaines entreprises qui mettent leur identifiant Facebook sur leurs cartes de visite et publicités) ? Les identités seront-elles basées sur un système centralisé comme Facebook, sur un système arborescent comme les noms de domaine (avec, par exemple, la technologie WebFinger) ou sur autre chose ?
La deuxième partie sera consacrée aux identificateurs fondés sur le contenu. Popularisés par les magnets (utilisés notamment par BitTorrent), normalisés sous la forme des URI "ni", quelle place prendront-ils dans le bestiaire des identificateurs ? Des systèmes de résolution efficaces seront-ils mis en place pour ces identificateurs ?
The document discusses the introduction of new generic top-level domains (gTLDs) by the Internet Corporation for Assigned Names and Numbers (ICANN). It notes that while most domain names use .com and country code TLDs, ICANN's new gTLD program will allow for greater diversification. The new gTLDs will launch starting in late 2013, with some targeting specific regions, communities or industries. However, uptake of new gTLDs will depend on promotion efforts and whether users find them intuitive. The document analyzes challenges around establishing new gTLDs and ensuring users understand and adopt them.
Observatoire sur la résilience Internet en France-2012Afnic
Créé par l’Afnic & l’ANSSI, il a pour objectifs de définir puis de mesurer des indicateurs représentatifs de la résilience de l'Internet français.
Plus d'information sur http://www.afnic.fr/fr/l-afnic-en-bref/actualites/actualites-generales/7126/show/l-observatoire-sur-la-resilience-de-l-internet-francais-publie-son-rapport-2012-2.html
Pour plus d'information sur le Rapport d'Activité 2012 de l'Afnic http://www.afnic.fr/fr/l-afnic-en-bref/actualites/actualites-generales/7047/show/rapport-d-activite-de-l-afnic-focus-sur-les-mutations-de-2012-1.html
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Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
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Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Alternative Dispute Resolution Trends 2015 (1st Semester)
1. Q1 2015 Version #2
ADR Trends
Afnic alternative dispute resolution procedures
2. 2
Foreword
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 2
In 2012, AFNIC issued for the first time a report on trends in
the use of the SYRELI dispute resolution procedure.
It provided a wealth of information for anyone wanting to un-
derstand the key steps in a judicial review, how the proce-
dure is managed, how to present a case or use evidence, and
find benchmark decisions.
We are repeating the exercise this year, adding a few new
features to our usual sections such as "News of the Month"
focusing on a specific subject, or "Facts and figures", to get
an idea of trend data.
You will notice that we have also changed the frequency of
publication and the name: from now on, ADR trends will be
quarterly and adopt the same analytical approach to future
decisions handed down by ADR Experts.
Read On!
ADRAfnic alternative dispute resolution procedures
3. 3
Contents
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 3
Facts and figures 4
News 5
Grounds for the claim 6
Completeness of the claim file 7
Admissibility of documents and evidence 8
Claimant’s right to bring action 9
Eligibility of Claimant 10
Agreement of Holder 11
Refusal or failure to reply by Holder 12
Legitimate interest of the Holder 13
Holder’s lack of good faith 14
Must-read sections 18
ADRAfnic alternative dispute resolution procedures
4. 4
ADRAfnic alternative dispute resolution procedures
Facts and figures
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 4
Since November 2011, the College has handed down 609 decisions.
In 58% of the cases, the College accepted the requested action:
90% of the motions to transfer the domain name
10% of the motions to delete the domain name
Domain name transfer or deletion rate following a Syreli decision
5. 5
News
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 5
Whatever the grounds for the claim, the Parties may be represented by any per-
son(s) subject to the condition that, if the latter are not lawyers, they can prove
their special power of representation.
Special case of Intellectual Property Counsel (IPC)
For any SYRELI case or Expert ADR procedure filed as of 20 January 2015 on the
basis of Article L.45-2-2° of the French Electronic Communications and Telecom-
munications Act (CPCE), or more precisely on the grounds of intellectual property
rights, Parties represented by an Intellectual Property Attorney are not required
to prove their power of representation.
Statement on the powers of representation given by Claimants
ADRAfnic alternative dispute resolution procedures
6. 6
Grounds for a claim
Article L.45-2 of the French Electronic Commu-
nications and Telecommunications Act (CPCE)
ADRAfnic alternative dispute resolution procedures
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 6
Article L.45-2 paragraph 1 The domain name is liable to di-
srupt public order or morality, or the rights guaranteed by the
French Constitution or French law;
Article L.45-2 paragraph 2 The domain name is liable to in-
fringe intellectual property rights or personal rights, unless the
Claimant provides proof of a legitimate interest and is acting in
good faith;
Article L.45-2 paragraph 3 The domain name is identical or
related to that of the French Republic, of a local authority or
group of local authorities, of an institution or a local or natio-
nal public service, unless the Claimant provides proof of a le-
gitimate interest and is acting in good faith.
Any claim filed on
grounds other than those
set out in Article L.45-2
will be declared inadmis-
sible by the College.
Benchmark decisions
1st
Paragraph :
FR-2012-00045 logica-france.fr
FR-2012-00185 mutualité.fr
FR-2012-00236 cigarettes-enligne.fr
FR-2014-00744 iménager.fr
2nd
Paragraph :
FR-2013-00374 chronospost.fr
FR-2013-00378 edouardcourtial.fr
3rd
Paragraph :
FR-2012-00265 pharmaciens.fr
FR-2013-00362 la-rochelle.fr
FR-2014-00616 greffe-tc-lorient.fr
...
7. 7
ADRAfnic alternative dispute resolution procedures
Completeness of the
claim file
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 7
1. The application form is complete;
2. The costs of the proceedings have been paid;
3. The domain name has been registered;
4. The domain name is not subject to any judicial or
out-of-court proceedings.
[if a complaint has been filed, it ensures that the latter explicitly
addresses the domain name in question]
The Rapporteur ensures that
Benchmark decisions
If the claim does not comply
with any one of these items, it
is rejected by the Rapporteur.
Judicial or out-of-court proceedings in
progress concerning the domain name
in dispute:
FR-2012-00041 la-cote-argus.fr
FR-2012-00179 chimiderouil.fr
FR-00385 ifcdis.fr
FR-2014-00609 toujours-unis.fr
FR-2014-00679 le-boncoup.fr
FR-2014-00747 steico.fr
FR-2014-00768 atosho.fr
Judicial or out-of-court proceedings in
progress not concerning the domain
name in dispute:
FR-2014-00820 syndicat-portage-
salarial.fr
The Rapporteur does not verify
the consistency of the docu-
ments filed by the Parties or
their relevance to the argu-
ments presented.
8. 8
ADRAfnic alternative dispute resolution procedures
Admissibility of documents
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 8
1. Reserves the right not to accept documents provided in a
foreign language;
2. Not to take into account documents submitted by hyperlink;
3. Not to take into account documents that are not usable;
4. Not to take into consideration arguments with no documents
in proof.
The College
Benchmark decisions
On the lack of documents in proof:
FR-2012-00081 chimiderouil.fr
On documents submitted by hyperlink:
FR-2014-00772 resilier.fr
FR-2014-00787 fragrancex.fr
FR-2014-00795 jacuzzi.fr
On documents provided in a foreign language:
FR-2014-00724 : balbcare.fr
FR-2014-00795 jacuzzi.fr
There may be little evi-
dence but it must be the
RIGHT evidence!
9. 9
Claimant’s
right to bring action
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 9
1. It has an identical, virtually identical or similar domain name1
under another TLD for the disputed domain name;
2. If it has a virtually identical or similar domain name1
under
the same TLD for the disputed domain name;
3. It holds a trademark1
, business name1
, surname or pseudo-
nym, title of ownership1
(work, patent, design and model etc.)
that is similar, identical or virtually identical to the disputed
domain name.
1
No matter what the date of creation or registration.
The Claimant has a right to bring action if
Benchmark decisions
Absence of right to bring action:
FR-2012-00163 natureo.fr
FR-2013-00469 pret-rachat.fr
FR-2014-00682 vinco.fr
Article L.45 of the French Electronic Communications and Telecommunications Act (CPCE):
"Any individual that has a valid reason for doing so may petition the competent regis-
trar to delete or transfer a domain name for the individual's benefit when the domain
name in question falls within the scope provided for in Article L. L.45-2 […].”
In accordance with Article
II.vi.b of the Regulations,
the College does not car-
ry out any further
research.
Any claim submitted by a
Claimant who does not
substantiate his/her/its
right to bring action, will
be declared inadmissible
by the College.
ADRAfnic alternative dispute resolution procedures
10. 10
Eligibility of Claimant
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 10
The Claimant is deemed to be non-eligible when
The latter is located outside the territory of a Member State
of the European Union.
Benchmark decisions
Ineligible Claimants:
FR-2011-00013 sonos.fr
FR-2012-00148 americaneagleoutfitters.fr
FR-2013-00539 missguided.fr
FR-2014-00662 katespade.fr
FR-2012-00119 yahoomag.fr
Claimants ineligible but claim admissible:
FR-2013-00405 broadsoftsas.fr
FR-2014-00604 missguided.fr
FR-2014-00787 fragrancex.fr
A domain name cannot be
transferred to a Claimant
that is ineligible under the
naming policy of the .fr
TLD, even though it may
have a right to bring action.
1. The Claimant requests the transfer of the domain name to one of its subsidiaries which is
located in the territory of a Member State of the European Union, subject to the condition
that it furnishes proof of a legal relationship with the Claimant;
2. The Claimant requests the deletion of the domain name.
The claim by a Claimant who is ineligible under the naming
policy of the .fr TLD is admissible if
ADRAfnic alternative dispute resolution procedures
11. 11
Agreement of Holder
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 11
1. The Claimant has a right to bring action;
2. The agreement of the Holder is explicit;
3. The agreement to transfer the domain name is to the benefit of the Claimant and not to
that of a third party.
In the absence of any one of these provisions, the College continues to study the case consi-
dering that the Holder does not agree to transfer or delete the domain name.
The College takes note of the agreement of the Holder if and only if
Benchmark decisions
Agreement of Holder:
FR-2011-00001 infragenius.fr
FR-2012-00138 topoffice.fr
FR-2013-00398 villedelyon.fr
FR-2014-00735 depetri.fr
Agreement of Holder to transfer the do-
main name to a third party:
FR-2012-00038 sportintown.fr
Agreement of Holder with no right of Clai-
mant to bring action:
FR-2014-00606 tandm.fr
Non-explicit agreement of Holder:
FR-2013-00517 nilan.fr
ADRAfnic alternative dispute resolution procedures
12. 12Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 12
The College examines
1. The grounds on which the Claimant bases its claim:
The domain name is liable to disrupt public order or morality, or the rights gua-
ranteed by the French Constitution or French law (L.45-2-1°);
The domain name is liable to infringe intellectual property rights or personal
rights, unless the Claimant furnishes proof of a legitimate interest and is acting
in good faith (L45-2-3°);
The domain name is identical or related to that of the French Republic, of a local
authority or group of local authorities, of an institution or a local or national pu-
blic service, unless the Claimant furnishes proof of a legitimate interest and is
acting in good faith (L45-2-3°).
2. The lack of any legitimate interest on behalf of the Holder, except in the cases provided
for in Article L.45-2-1° of the French Electronic Communications and Telecommunications
Act (CPCE);
3. The bad faith of the Holder, except in the cases provided for in Article L.45-2-1° of the
French Electronic Communications and Telecommunications Act (CPCE).
ADRAfnic alternative dispute resolution procedures
Refusal or lack of reply from
Holder
13. 13
ADRAfnic alternative dispute resolution procedures
Legitimate interest of
the Holder
Article R.20-44-43 of the Decree of 1 august 2011
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 13
1. It uses the domain name (or demonstrates that it is prepa-
red to do so) in connection with the offering of goods or ser-
vices;
2. It is known by an identical name or one related to the do-
main name EVEN if it has NO right to do so;
3. It has used the domain name for non-commercial purposes:
• without any intention to deceive the consumer,
or
• without damaging the reputation of the other name.
The Holder has a legitimate interest if
Benchmark decisions
Legitimate interest: Use of the domain
name in connection with the offering of
goods or services
FR-2012-00280 athena.fr
FR-2013-00386 uriage.fr
FR-2014-00698 immofrance.fr
Legitimate interest: Is known by an identi-
cal name or one related to the domain
name
FR-2013-00397 publier.fr
FR-2014-00624 wedrive.fr
Absence of any legitimate interest on be-
half of the Holder:
FR-2013-00378 edouardcourtial.fr
FR-2014-00643 coccinelle.fr
FR-2014-00657 univ-rennes.fr
FR-2014-00795 jacuzzi.fr
Non-exhaustive list!
The College then assesses
the Holder’s lack of good
faith.
Wh at e v e r t h e c i r -
cumstances, in the ab-
sence of legitimate inte-
rest, the College will grant
the redress sought by the
Claimant.
14. 14
ADRAfnic alternative dispute resolution procedures
Holder’s lack of good faith
Article R.20-44-43 of the Decree of 1 August 2011
Association Française de Nommage Internet en Coopération | www.afnic.fr | contact@afnic.fr | Twitter : @afnic | Facebook : afnic.fr 14
1. It has obtained or requested the domain name primarily in
order to sell, lease or transfer it and not to actually use it (see
following pages);
2. It has obtained or requested the domain name in order to
damage the reputation (see following pages) of the Claimant
or of a product or service assimilated with that name;
3. It has obtained or requested the domain name primarily for
the purpose of take advantage of the Claimant’s reputation by
creating confusion in the mind of the consumer (see following
pages).
The College has considered that the Holder is in bad faith if
Benchmark decisions
Domain name registered in order to disrupt
business activities:
FR-2012-00221 reminiscence-bijoux.fr
Domain name registered to prevent its re-
gistration by a rights holder:
FR-2013-00476 leclerc-pharmacie-discount.fr
FR-2014-00626 centrenautique-saintdizier.fr
Bad faith established on the basis of a body
of evidence:
FR-2012-00168 arena-bercy.fr
FR-2013-00442 pepejeanssoldes.fr
Non-exhaustive list!
Wh at e v e r t h e c i r -
cumstances, if the Holder’s
lack of good faith is esta-
blished, the College will
grant the redress.
Other indications of evi-
dence of a lack of good
faith are taken into consi-
deration by the College
(see below).
15. 15
ADRAfnic alternative dispute resolution procedures
Bad faith
Interpretation of Article R.20-44-43 paragraph 1 of Decree
of 1 août 2011
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1. Determine if the Holder can furnish proof of operation of the domain name prior to its pro-
posed sale
If so, the criterion of a lack of good faith cannot be retained.
2. Consider whether the proposal to sell, lease or transfer the domain name is the main goal
of the Holder
If so, the criterion of a lack of good faith may be retained.
The College must
Benchmark decisions
Domain name registered primarily for the purpose of selling it:
FR-2012-00044 ibanque.fr
FR-2013-00348 téléstar.fr
FR-2014-00718 grosfillexfenetres.fr
16. 16
Bad faith
Interpretation of Article R.20-44-43 paragraph 2 of Decree
of 1 août 2011
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1. Consider whether the domain name affects the goodwill of the Claimant OR that of an equi-
valent product or a service
If so, the criterion of a lack of good faith may be retained.
2. Determine whether a prejudice may be caused in the minds of consumers (affecting pro-
duct awareness, brand awareness, reputation of the Claimant, etc.).
If so, the criterion of a lack of good faith may be retained.
The College must
Benchmark decisions
Domain name registered in order to damage the reputation of the Claimant or that of a
product or service assimilated with that name:
FR-2012-00182 redbull.re
FR-2013-00443 etreenceinte.fr
FR-2014-00815 alexisdurand.fr
ADRAfnic alternative dispute resolution procedures
17. 17
Bad faith
Interpretation of Article R.20-44-43 paragraph 3 of Decree
of 1 août 2011
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1. Determine whether the domain name benefits from the re-
putation of the Claimant or that of a product or service assi-
milated with its name
If so, the criterion of a lack of good faith may be
retained.
2. Consider, on the basis of the documents in proof, whether
the domain name creates a likelihood of confusion in the
minds of consumers (product awareness, brand awareness,
reputation of the Applicant, etc.)
If so, the criterion of a lack of good faith may be
retained.
The College must
Benchmark decisions
Domain name registered primarily for the purpose of benefitting from the reputation of
the Complainant by creating confusion in the minds of consumers:
FR-2012-00025 galerielafayette.fr
FR-2012-00130 vente-prive.fr
FR-2013-00315 elm-leblanc-sav.fr
FR-2014-00604 roissy-en-brie.fr
FR-2014-00696 swarovskibijoux.fr
...
A French Holder cannot
ignore the reputation of
large companies located
on French territory.
ADRAfnic alternative dispute resolution procedures
18. 18
ADRAfnic alternative dispute resolution procedures
Must-read sections
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