Su arbitrato e mediazione nelle direttive Digital copyright e Collecting

Unlike the Digital Copyright directive, which remains extremely generic, the Collecting directive dictates some element of detail, suggesting mediation or arbitration as possible examples of proceedings, requiring that they are administered by bodies with specific competences of intellectual property rights. In the case of the Collecting Directive, the applications that have taken place, despite the rather clear indications in terms of mediation or arbitration, although with some exceptions, have taken the path of atypical procedures, while everything is still to be defined in relation to what will be the indications of the internal legislation to be issued in implementation of the Digital copyright directive. It is, therefore, worthwhile to spend some brief considerations in relation to arbitration and mediation as adr procedures to be used in this area, with the hope of an option that is as clear and stringent as possible towards these institutions, which already enjoy an adequate theoretical and systematic framework and therefore are less harbingers of problems.