Pavel Loutocký

Are We Getting Good Decisions by Top-level Domain Name DisputeResolution Providers?

Internet Corporation for Assigned Names and Numbers (ICANN) has offered unique solution to deal with disputes regarding the registration of internet domain names (so called trademark dilemma) in 1999. Uniform domain name Dispute Resolution Policy (UDRP) delimits procedural rules to solve such disputes and to create non – binding decision (binding between involved parties) which approves / rejects the transfer of the domain name to new (trademark) owner. This paper has to focus on the question whether we are getting good decisions or the decisions in similar cases are decided more or less randomly. It is necessary to focus on such question also because of the fact that ICANN is planned to be transferred to the global multi - stakeholder community this year. Is the decision making process ready for such a big change or is it easily suggestible? To try to answer this question it will be necessary to go through the history and activities of ICANN and to focus mainly on UDRP process. Comparison of the convenient trademark dilemma cases or statistics will try to show defects of the rules, which are pointing at problems not only recently but already for quite a long time. The conclusion then is to articulate possible future development and to offer some recommendations of what is necessary to pay attention to.

Annotated Corpus of Czech Case Law for Reference Recognition Tasks.

We describe an annotated corpus of 350 decisions of Czech top-tier courts which was gathered for a project assessing the relevance of court decisions in Czech law. We describe two layers of processing of the corpus; every decision was annotated by two trained annotators and then manually adjudicated by one trained curator to solve possible disagreements between annotators. This corpus was developed as training and testing material for reference recognition tasks which will be further used for research on assessment of legal importance. However, the overall shortage of available research corpora of annotated legal texts, particularly in Czech language, leads us to believe that other research teams may find it useful.

Přehled aktuální judikatury I/2017

Přehled aktualni judikatury prava informacnich technologii druhe poloviny roku 2019. Judikaty jsou anotovany formatem FIRAC.

Online Dispute Resolution to Resolve Consumer Disputes from theperspective of European Union Law: Is the Potential of ODRFully Used?

Traditional judicial mechanisms did not offer an adequate solution for cross-border electronic commerce disputes. Although there has been expected great potential in solving disputes online and the rise of Online Dispute Resolution (ODR) use, the assumptions has not been confirmed yet. Only a few examples demonstrate the success stories of ODR, which is in big contrast to the continuous growth of electronic transactions and in general with the use of the online environment. The European Commission however understood the potential of ODR and it is trying to foster the use of it by adopting the ODR Regulation and the ADR Directive. Such legal framework has been developed to apply in consumer disputes arising out of sales or providing services between an EU consumer and an EU trader. The ADR Directive sets out basic standards of ADR entities and processual rules under which it is possible to solve the dispute. Then under the ODR Regulation the complainant will be able to submit a complaint using the ODR platform. The complaint (and any related documentation) will be submitted to the ODR platform via an electronic form. Yet it is necessary to assess the risks of above mentioned legal framework. One of the great concerns are connected with possible forum shopping while providers are registering as ADR entities. Experienced trader (unlike the consumer) is able to choose ADR provider, which is more likely to decide in his favour. Possible exclusion of online negotiation or even online tools in general is then further underlining possible concerns. The paper will thus assess main legal aspects of ADR / ODR legal framework of European Union Law and it will deal with main problematic parts of it.