January 18, 2017 NEWS

Prof. Wechs Hatanaka Receives the Research Federation «L’Europe en Mutation»’s Prize

Ms. Asako Wechs Hatanaka, Associate Professor at Ritsumeikan University’s College of Law, won the 2016 thesis prize from the Research Federation «L’Europe en Mutation» in December 2016 for her doctoral thesis "Mediation and Intellectual Property Law - A European and Comparative Perspective," defended at the Centre for Intellectual Property Studies of the University of Strasbourg in France under the supervision of Prof. Christophe Geiger. This award was created in 2012 by the Research Federation «L’Europe en Mutation», which is one of the research units of the National Centre for Scientific Research (CNRS) and consists of seven research centers of the University of Strasbourg. The award is granted to an outstanding doctoral thesis in European research fields.

"Due to the strong territorial nature of legal studies, writing a thesis in English on European law in Germany to obtain a French doctoral degree was a series of lonesome struggles for a Japanese researcher. It is an honor to receive this award from the Research Federation «L’Europe en Mutation»," said Associate Professor Wechs Hatanaka.

Summary of Thesis “Mediation and Intellectual Property Law – A European and Comparative Perspective”

A bad compromise is better than a successful lawsuit, says an adage. Would this also apply to intellectual property disputes? Mediation is a dispute resolution method, which is currently in vogue. It became subject to harmonisation in Europe under Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. In this context, the thesis analyses the functions performed by mediation, as well as the limitations to mediation, from the viewpoint of civil procedure law, contract law and intellectual property law, and presents some proposals to optimise mediation to intellectual property law. A number of legal systems, institutions, and dispute resolution providers are covered with the focus on the European Union, France, and the UK.

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