CDD-ABPI is ABPI’s Digital Law Dispute Resolution Chamber. ABPI is a non- profit organization, founded on August 16, 1963 and focused on the study of Intellectual Property, notably industrial property law, copyright law, competition law, technology transfer, as well as Innovation and Technology Law, Personality Rights, Digital Law and Electronic Commerce, Data Privacy Law, Licensing and Franchising Contracts and other related branches of Law.
The CDD-ABPI is linked to the CSD-ABPI and aims to administer and manage the procedures set out in its Regulations, notably Digital Mediation, Expert Determination, Digital Expedited Arbitration and the Online Dispute Resolution System (ODR), with an emphasis on disputes related to Digital Law, Innovation and Technology, including the maintenance of a staff of Mediators, Experts, Arbitrators and Specialists.
Arbitration is a form of dispute resolution that arises between people (individuals or companies) who have an arbitration agreement between themselves, understood as the arbitration clause or commitment, without the intervention of the Judiciary.
In short, in Brazil, this is a procedure regulated by Law 9.306/96, amended by Law 13.129/2015, which provides for the possibility of the parties in dispute taking the impasse to be settled by a private party (arbitrator(s)). The arbitrator(s) is (are) the person(s) chosen by the parties to settle the conflict, who is (are) most often an expert in the subject under discussion, which guarantees the parties to the dispute a specialized and careful decision in matters involving intellectual property assets, Digital Law and related transactions, in any property dispute in which the parties decide to settle by arbitration.
Mediation is a consensual means of resolving conflicts through which a third party, the Mediator, helps those involved to find a viable solution(s) to the conflict(s). The Mediator is a qualified facilitator, who will conduct the procedure in such a way as to collaborate with the parties in conflict in the search for a possible solution.
The mediation procedure is very flexible and informal, and takes place under strict confidentiality, to which the parties adhere freely and spontaneously.
By means of the Expert Determination procedure, the Parties, by mutual agreement, agree to submit a technical issue to the analysis, verification or remote assessment of Expert(s), chosen or accepted by the Parties themselves, who will produce an opinion answering the questions put to them, with binding force and immediate compliance.
The opinion containing the Determination of the Expert(s) is not to be confused with a decision on any dispute between the Parties, and does not prevent the dispute from being submitted to subsequent mediation (in traditional or digital format), arbitration (in traditional format or in the expedited arbitration version), administrative or judicial proceedings.
CDD-ABPI may make available – including through an agreement with other entity(ies) – an Online Dispute Resolution System (ODR), through regulations developed in a manner customized to specific needs.
The procedures through the specific Online Dispute Resolution System (ODR) will take place remotely and will be conducted by Specialist(s) appointed by CDD-ABPI.
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