Art. 1º. The ABPI’s Mediation Chamber (CMed-ABPI) is linked to the Intellectual Property Dispute Resolution, Mediation, and Arbitration Center (CSD-ABPI) and has as its objective the administration and management of mediation procedures in disputes involving intellectual property rights and other related branches of law, including the maintenance of a staff of mediators, a Director, an Associate Director, and an Executive Secretary for the performance of these functions.
Art. 2º. The CMed-ABPI will be represented and coordinated by a Director, with the assistance of an Assistant Director and an Executive Secretary, and will proceed with the necessary procedures for the conduction of mediations submitted to it, with the practice of all acts convenient for this purpose.
Sole Paragraph: The Director and the Deputy Director of CMed-ABPI will serve for four (4) years and may be re-elected, provided, however, that for the first term, the Director’s and the Deputy Director’s terms will end together with the terms of the other members of the CSD-ABPI Board.
Art. 3º. The Director will represent CMed-ABPI performing all acts required under this Regiment and the Regulation of this Chamber. A Deputy Director is responsible for assisting the Director, performing the duties assigned to them, and replacing the Director in case they are absent or unable to act.
Art. 4º. The Executive Secretary will have, among others, the following duties and attributions:
a. watching over the observance of the law, of the CSD-ABPI Regiment, of these Regiment and Regulation, establishing mediation procedures submitted to it;
b. assisting the Director and the Deputy Director of CMed-ABPI in the Chamber’s activities;
c. acting as secretary for the mediators and other people eventually involved in the proceedings;
d. designating staff, if necessary, to assist the work of the Executive Secretariat in procedures such as, among others, receiving and issuing notices and communications; e,
e. consult with the Director and Deputy Director of CMed-ABPI, transmitting any formal consultation submitted by the parties or mediator of a given procedure.
Art. 5º. The rules established for the Specialists in the Regulations of the CSD-ABPI, with the modifications of the present Regulations, apply to the mediators of the CMed-ABPI’s roster of mediators and to the mediators who are not members of the roster eventually chosen by the parties under the CMed-ABPI (Mediators) Regulations. However, the provisions of Article 6 below do not apply to mediators that are not listed in the roster of mediators of CMed-ABPI, and it should be emphasized that their performance depends on the observation of the applicable cost table, being also included the Repass Rate.
Sole Paragraph. For the purposes of this Regulation, “Party” means any natural or legal person whose conflict or dispute is the subject of mediation.
Art. 6º. Only the Specialist who meets the requirements of art. 10 of the Regulation of the CSD-ABPI, subject to the provisions of this Regulation.
Sole Paragraph. For the purposes of meeting the requirement of notorious technical or legal knowledge foreseen in paragraph 1 of the referred article 10 of the Regulations of the CSD-ABPI, the candidate mediator must meet the following requirements cumulatively:
a. have a higher education, whatever it may be;
b. to have worked in the intellectual property area for, at least, 5 (five) years;
c. have proven specific training of at least 40 (forty) hours of mediation training;
d. have proven professional experience in business mediation of, at least, 120 (one hundred and twenty) hours, or be a member of the CSD-ABPI Specialists Group.
Art. 7º. In addition to the suspicion requirements of the CSD-ABPI, cannot be mediator in a certain procedure who:
a. is a party or has an interest in the conflict;
b. intervened in the solution of the conflict object of the mediation procedure as a party’s agent, witness or expert;
c. is the spouse of one of the parties or a relative, whether by blood or affinity, in a direct or collateral line, of one of the parties or of his/her spouse, up to the third degree;
d. is a spouse, relative, consanguineous or kin, in a direct or collateral line, of the attorney, representative or lawyer of the parties in the mediation procedure, up to the third degree;
e. participates in a direction or administration organ of a Legal Entity party to the conflict or is a partner or shareholder;
f. is a close friend or enemy of one of the parties;
g. is a creditor or debtor, of one of the parties or of his/her spouse;
h. is an heir, employer or employee of one of the parties;
i. advise any of the parties about the subject matter of the mediation proceedings, or provide resources to meet the expenses of the proceedings;
j. fails to meet or respect the precepts of the Code of Ethics for CMed-ABPI mediators.
Paragraph 1 – Should any of these situations occur, it is incumbent on the mediator to declare, at any time, his impediment or suspicion, and refuse his appointment or present a resignation, being personally liable for any damages he may cause due to non-compliance with this duty.
Paragraph 2 – If any hypothesis other than those listed above exists or occurs, or any circumstance that the mediator believes may cause the questioning of his impartiality by any of the parties, he must disclose it, and, only after the express acceptance of all parties, the mediation will be initiated or resumed.
Paragraph 3 – Either party may plead the mediator’s impediment or suspicion, communicating immediately to CMed-ABPI, respecting the deadlines of the Regulation of this Chamber. Once the allegation of impediment or suspicion is received, the Director of CMed-ABPI will submit it to the CSD-ABPI Council for decision under the terms of the Center’s Regulation.
Paragraph 4 – If the mediator resigns or any cause of suspicion or impediment, moral or physical incapacity or death occurs, he will be replaced by a new mediator in the form established by CMed-ABPI and by the parties’ consent.
Art. 8º. The parties may appoint, with justification and upon payment of an additional fee, as mediator, a professional who is not a member of ABPI, nor is a member of CMed-ABPI’s roster of mediators. Such appointment must be approved by the Director of CMed-ABPI, provided it meets the provisions of article 4 and 3.2.3 of the Regulation and subject to the payment of the applicable fees, including the Pass-through Fee.
Art. 9º. CMed-ABPI will periodically update the roster of mediators from the members already qualified before the CSD-ABPI who have opted to participate in CMed-ABPI’s procedures.
Art. 10º. The professional who has acted as a mediator before the same parties, in a given procedure, is prevented from acting as an arbitrator, specialist, legal counsel, consultant or witness in any adversary proceeding arising from and/or related to the previous mediation. Likewise, those who advise or sponsor any of the parties in mediation proceedings, may not act as mediator in a new mediation involving the same parties.
Sole Paragraph. The mediator will be barred, for a period of one (1) year from the end of the mediation procedure, from rendering services of any nature, other than that of mediator, to any of the parties, subject to the provision in the caput.
Art. 11º. In all proceedings, the mediators will ensure equality between the parties and that each party is given a fair opportunity to present its reasons, and the principles of impartiality, isonomy between the parties, orality, informality, autonomy of will of the parties, search for consensus, confidentiality, good faith, informed decision, independence, discretion, cooperation, diligence, responsibility, credibility, equidistance, and flexibility of the mediators are ensured.
Art. 12º. The mediation procedure will follow the provisions of the applicable law and of the CMed-ABPI Regulations, and the amounts charged from the parties and paid to the mediators will be informed by the CSD-ABPI, as determined by the ABPI’s Board of Directors.
Art. 13º. Notifications, documents, and communications will be made by electronic means, and it is possible to use mail with Acknowledgement of Receipt, upon request or express manifestation of the Parties in this sense.
Art 14º. The time limits of this Board are counted in calendar days from the date of receipt of the notice, subpoena, or communication.
Sole Paragraph: If the due date falls on a day when CMed-ABPI is closed, the time limit will be extended to the next business day.
Art. 15º. All lawyers, mediators, and parties must keep their contact information with the Secretariat up to date.
Art. 16º. CMed-ABPI will keep published on its website the table of CMed-ABPI’s costs and mediators’ fees.
Art. 17º. This Regulation will come into force on the date it is approved by the ABPI Board of Directors.
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