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.
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
Potential Stakeholders to Dispute
WIPO ADR Services for ICT
- Administration of 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:
- Singapore Infocomm Technology Federation (SiTF)
- Spanish Association for the Game and Entertainment Software Development and Publishing Industry (DEV)
- Chamber of Business for Software and Information Services of Argentina (CESSI Argentina)
The WIPO Center offers a 50% reduction on its fees under the WIPO Rules to the members of the above-listed associations.
- European Telecommunications Standards Institute (ETSI)
- Digital Video Broadcasting Project (DVB)
- International Telecommunications Union (ITU)
- International Technology Law Association (ITechLaw)
- National Association of Software and Services Companies (NASSCOM)
The WIPO Center is available to collaborate with other interested stakeholders.
Collaboration with Other WIPO Divisions
- Seminar on Preparation for Mediation of IT Disputes, Wednesday, December 7, 2011, Singapore
- GSMA - IPR Round Table, Wednesday, November 16, 2011, Hong Kong
- Seminar on Evolution of IT Disputes: Dark Clouds and Silver Linings, Wednesday, September 7, 2011, Singapore
- Understanding ICT Dispute Resolution - WIPO Center’s Role and Experience, in collaboration with SiTF, February 25, 2011, Singapore
- Workshop on Mediation in Intellectual Property and Technology Disputes, organized in collaboration with the Fundación para la Investigación sobre el Derecho y la Empresa (FIDE), September 23 and 24, 2010, Madrid, Spain
- Workshop on “Mediation in Information Technology Disputes”, organized in cooperation with the Dutch Association of Information Technology Lawyers, November 17 and 18, 2009, Amsterdam, The Netherlands
- ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and Communications Technologies and Intellectual Property, October 8, 2009, ITU Telecom World, Geneva, Switzerland
- The Impact of the Acquisition and Use of Patents on the Smartphone Industry, by Joel R. Reidenberg, Jamela Debelak, Daniel Gross and Elaine Mindrup
- Standard-Essential Patents : Who is really holding-up (and when)?, by Gregor Langus, Vilen Lipatov and Damien Neven
- Resolution of ICT Disputes through Mediation and Arbitration, by Ignacio de Castro and Leandro Toscano, Computer Law Review International, CRi 5/2012, pp. 147-153
- The Liberalization of ICT Dispute Resolution, by Rory Macmillan, GSR 2010, Discussion Paper.
- Dispute Resolution in the Telecommunications Sector, 2004, by By Robert R. Bruce, Rory Macmillan, Timothy St. J. Ellam, Hank Intven Theresa Miedema.
- Bibliography on Intellectual Property Arbitration and Mediation
|Arbitration and Mediation Center
|Arbitration and Mediation Center
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