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    Gatwick goings-on | Log in/Create an Account | Top | 4 comments | Search Discussion
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    Re:Dumbth
    by jon on Thursday November 18 2004, @09:54AM (#14452)
    User #20 Info
    Donít hold back, John; tell us what you really think. :-) Itís correct, of course, that we canít reach a conclusion as to whether the process is ďfairĒ merely by looking at the win-loss record, since we donít know what percentage of complainants would win in an ideal world. The data indicate that complainants win rather less often when they face three-member panels rather than one-member panels, controlling for default rates. Those numbers donít tell us which of the two processes is more fair; maybe complainants should win more often. In fact, looking at other factors, itís sensible to conclude that the three-member panel process is more ďfairĒ: that process involves more deliberation and the selection of panelists is not as skewed. Weíve still got no basis, though, for saying that either process is ďfairĒ in an absolute sense. Indeed, we have reason to think neither one is; WIPO panelists are predominantly intellectual property lawyers who, in their day jobs, represent trademark holders. I suggested in the language you quote that that fact may have a lot to do with the overall results of their decision-making. Iíll stand by that.

            For what itís worth, the most recent data I can find indicate that in WIPO proceedings, complainants win 48% of the time in contested, three-member proceedings. Those panelists who rule more often for respondents tend to be ones whom WIPO declines to assign to single-member panels, so the contested, three-member proceedings tend to be the only ones they sit on. The larger point of my story related to the dispute providerís reluctance to assign its more complainant-friendly panelists to actually hear disputes. One anecdote doesnít establish that, but Michael Geistís comprehensive work surely did.
    [ Reply to This | Parent ]
    Re:Dumbth by jon


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