World Intellectual Property Organization

WIPO ADR for ICT and Patent Standards

As part of its Tailored WIPO ADR Services, the WIPO Center provides dispute resolution advice and case administration services to help parties resolve disputes arising in the area of information and communication technology (ICT), without the need for court litigation.

ICT Disputes

Thirty-four per cent of arbitration and mediation cases filed with the WIPO Center relate to ICT. ICT is a commercial sector with close links to intellectual property. ICT disputes are multi-faceted and can have adverse effects on technology development, investment and consumer interests. Therefore it is important that they be managed and resolved in a cost- and time-efficient manner. A considered choice on dispute resolution can benefit parties involved in contractual, non-contractual or standards-related ICT disputes.

Selected Areas of Dispute

  • non-performance
  • outsourcing
  • quality and terms of service
  • service charges
  • telecom infrastructure
  • unauthorized use of customer data

Potential Stakeholders to Dispute

  • banks
  • hardware manufacturers
  • ICT companies
  • ICT users
  • outsourcers
  • programmers
  • service providers
  • software developers
  • standard-setting organizations (SSOs)
  • states
  • telecommunication providers
  • telecommunication regulators

WIPO ADR Services for ICT

  • Administration of ICT Disputes

The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for ICT disputes.

The WIPO Rules are flexible and can also be applied in disputes that are not limited to intellectual property. In its role as administering institution, the WIPO Center maintains strict neutrality and independence.

About one quarter of the mediation and arbitration cases administered by the WIPO Center are in the area of ICT.

Examples of WIPO mediations in this area include:
- WIPO Mediation of an IT/Telecom Dispute
- WIPO Mediation of a Telecom Patent License Dispute

Examples of WIPO arbitrations in this area include:
- WIPO Arbitration of a Telecom Infrastructure Dispute
- WIPO Arbitration of an IT/Telecom Dispute

  • WIPO ICT Panel of Neutrals

Effective proceedings to a large extent depend on the quality of the mediator, arbitrator or expert. The WIPO Center maintains an open-ended Panel, including mediators, arbitrators and experts from around the world with expertise in ICT. They can be appointed by parties in cases under WIPO Rules but parties are also free to select mediators, arbitrators or experts from outside the WIPO Panel.

  • Procedural Guidance and Training

The WIPO Center makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to ADR.

Upon request, the WIPO Center provides procedural guidance to interested parties and organizations in the ICT sector. This includes advice on the drafting and adaptation of ADR clauses in ICT related contracts and submission agreements, as well as helping to bring opposing parties to ADR.

The WIPO Center also organizes training and workshops on mediation, arbitration and related topics.

  • Establishment of Adapted ADR Frameworks

Where appropriate in light of the needs of the relevant stakeholders, the WIPO Center provides guidance in the establishment of adapted ADR frameworks, including Rules, fees and clauses, and provides administrative services thereunder.

The WIPO Center makes available tailored WIPO model submission agreements that parties may use to refer a FRAND dispute to WIPO (Expedited) Arbitration.

Collaboration with Concerned Stakeholders and Entities

To optimize tailor-made dispute resolution in the ICT sector, the WIPO Center collaborates with relevant stakeholders and organizations. This includes organization of joint events and training, and establishment of adapted ADR frameworks, and involves for example the following:

The WIPO Center offers a 50% reduction on its fees under the WIPO Rules to the members of the above-listed associations.

The WIPO Center is available to collaborate with other interested stakeholders.

Collaboration with Other WIPO Divisions

In the ICT sector, the WIPO Center collaborates in particular with the WIPO Copyright Law Division, and the Patents and Innovation Division.

Events

Future Events

Past Events

Selected Resources

Contact

Arbitration and Mediation Center
Geneva
Arbitration and Mediation Center
Singapore
34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
Switzerland
T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
Maxwell Chambers
32 Maxwell Road #02-02
Singapore 069115

T +65 6225 2129
F +65 6225 3568

General queries: arbiter.mail@wipo.int

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