1. WIPO Mediation and Arbitration
To date, the WIPO Arbitration and Mediation Center (WIPO Center) has administered some 400 mediation, arbitration and expert determination cases. Most of these cases have been filed in recent years.
Most of the mediations and arbitrations were based on contract clauses; however some cases were submitted to WIPO mediation and arbitration as a result of a submission agreement once the dispute had arisen. 33% of the mediations and (expedited) arbitration cases filed with the WIPO Center included an escalation clause providing for WIPO mediation followed by WIPO (expedited) arbitration.
The subject matter of the mediation and arbitration cases so far administered by the WIPO Center includes artistic production finance agreements, art marketing agreements, consultancy and engineering disputes, copyright issues, distribution agreements for pharmaceutical products, Information Technology agreements including software licenses, joint venture agreements, patent infringements, patent licenses, research and development agreements, technology transfer agreements, telecommunications related agreements, trademark issues (including trademark coexistence agreements), TV distribution rights, as well as cases arising out of agreements in settlement of prior court litigation.
|Legal Areas in WIPO Mediation and Arbitration Cases||Industry Areas in WIPO Mediation and Arbitration Cases|
WIPO mediations and arbitrations have involved as parties, collecting societies, individuals such as artists and inventors, large and small and medium sized companies, producers, and universities. Parties were based in different jurisdictions, including Australia, Austria, Canada, China, Cyprus, Denmark, Finland, France, Germany, India, Indonesia, Ireland, Israel, Italy, Japan, Malaysia, the Netherlands, Norway, Panama, Romania, the Russian Federation, Singapore, Spain, Switzerland, Turkey, the United Kingdom and the United States of America.
Venue and Languages
The venues of WIPO mediation and arbitration proceedings have included France, Germany, Ireland, Italy, the Netherlands, Singapore, Switzerland, the United Kingdom, and the United States of America, and the proceedings have been conducted in several languages that include English, French, German, Italian and Spanish.
Amounts in dispute in WIPO mediations and arbitrations have varied from USD 20,000 to several hundred million USD. The remedies claimed in arbitration proceedings have included damages, infringement declarations and specific performance, such as a declaration of non-performance of contractual obligations, or of infringement of rights, further safeguards for the preservation of confidentiality of evidence, the provision of a security, the production of data, the delivery of goods or the conclusion of new contracts.
2. Good Offices
The WIPO Center regularly provides procedural guidance to parties in order to facilitate the submission of their dispute to mediation or arbitration, or the conduct of such procedures.
These "Good Offices" requests have involved parties based in different jurisdictions from all regions of the world.
3. Domain Name Administrative Dispute Resolution Procedures
The number of cases administered by WIPO under Uniform Domain Name Dispute Resolution Policy (UDRP) procedures exceeds 30,000. Together, these administrative proceedings have involved parties from 177 countries and some 56,000 Internet domain names. The Center makes available full statistics about domain name filings, outcomes and geographical distribution of parties.
The UDRP applies primarily to international domains such as .com, .net, .org, .info, .biz. and .mobi. In addition, 71 country code top-level domains (ccTLDs) have now appointed the Center as service provider for their domain name disputes.
Apart from UDRP cases, the Center has administered over 15,000 cases under Sunrise policies relating to registrations in the start-up phase of new domains, and has received 69 cases filed under the ICANN Legal Rights Objection mechanism for new gTLDs.
The Center makes available, free of charge on its website, a number of resources, including an online Legal Index of WIPO UDRP Panel Decisions offering structured access to WIPO UDRP Panel decisions.