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Comparative Study on Civil Mediation and Apple v. Samsung: Mediation in Intellectual Property Disputes

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Issue Date
2014-12
Publisher
School of Law, Seoul National University
Citation
Journal of Korean Law, Vol.14 No.1, pp. 117-130
Keywords
MediationIP MediationADRApple v. SamsungUS Mandatory Mediation Program for the Court of Appeals of the Federal CircuitNinth Circuit Mediation ProgramHong Kong Court-Annexed MediationKorea’s Civil MediationMandatory (IP) Mediation at the US Courts of Appeal for the Federal Circuitthe Lanham Act Mediation ProgramIP mediation In Hong Kong, Korean ADR Commissions
Abstract
In 2011, Apples accusation of Samsung for infringing Apples major copyrights sparked the ongoing legal confrontation between the two major IT figures. The lawsuit in California involved mediation which is now widely accepted as an effective means to resolve disputes, especially IP cases. This article accounts for civil mediation in general and focuses on the differences between the US Mandatory Mediation Program for the Court of Appeals of the Federal Circuit and the Ninth Circuit Mediation Program, Hong Kong Court-Annexed Mediation and Koreas Civil Mediation. The article also introduces mediation in IP along with the requirements in Mandatory (IP) Mediation at the US Courts of Appeal for the Federal Circuit and the Lanham Act Mediation Program, IP mediation In Hong Kong and many Korean ADR Commissions specializing in IP related matters.
ISSN
1598-1681
Language
English
URI
https://hdl.handle.net/10371/93861
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean Law (JKL)Journal of Korean Law Volume 14 Number 1/2 (2014/2015)
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