As part of the WIPO ADR Services for Specific Sectors, the WIPO Center provides, at the request of Intellectual Property Offices (IPOs), dispute resolution advice and case administration services to offer parties a more flexible option to resolve pending disputes related to intellectual property rights before IPOs.
Disputes Pending before IPOs
Disputes in this area may be related to opposition to registration, invalidation or revocation of intellectual property rights before IPOs, such as trademarks, patents and industrial designs.
ADR can be useful as a private means of resolving intellectual property disputes. In particular, the neutrality, flexibility and expertise offered by ADR can suit the needs of parties to such disputes, without prejudice to other legal options available to parties.
WIPO ADR procedures are particularly suitable where the subject matter of the dispute concerns applications for intellectual property rights in several jurisdictions or if the dispute involves parties based in different regions of the world.
Selected Areas of Dispute
- trademark rights
- patent rights
- industrial design rights
Potential Stakeholders to Dispute
- applicants before IPOs
- opponents/applicants for invalidation/revocation in proceedings filed with IPOs
- IP rights owners generally
WIPO ADR Services for IPOs
- Administration of Disputes Pending Before IPOs
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.
- WIPO Panel of Neutrals for Disputes Pending Before IPOs
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 intellectual property rights, such as trademarks, patents and industrial designs. 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. Further neutrals can be added to this Panel in function of specific IPO needs.
- 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 and administration services to IPOs and parties involved in disputes pending before IPOs. This includes advice on the drafting and adaptation of ADR clauses and submission agreements, as well as helping to bring disputing 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 case administration services.
Collaboration with Concerned Stakeholders and Entities
To optimize dispute resolution for IPOs, the WIPO Center collaborates with relevant stakeholders and organizations. This may include organization of joint events and training, and establishment of adapted ADR frameworks, and involves for example the following:
Upon the request of the Brazilian National Institute of Industrial Property (INPI-BR), the WIPO Center has participated in the development and organization of a mediation option for trademark proceedings pending before INPI-BR. INPI-BR has designated the WIPO Center as the administrator of mediation cases where one or both parties are domiciled outside Brazil.
- Intellectual Property Office (IPO) of the Philippines
Upon the request of the IPO of the Philippines, the WIPO Center has provided technical assistance in the setting up of an optional arbitration procedure for intellectual property disputes for parties involved in procedures pending before the IPO of the Philippines. Such technical assistance included WIPO Center support with the drafting by the IPO of the Philippines of specific arbitration rules based upon the WIPO Arbitration Rules with amendments to reflect local laws and practice.
Upon the request of IPOS, the WIPO Center has participated in the development and organization of a mediation option for trademark proceedings pending before IPOS. IPOS has designated the WIPO Center, through its Office in Singapore, as the administrator of such mediation cases.
- Intellectual Property Office (IPO) of the United Kingdom
The mediation option offered by the IPO of the United Kingdom aims to help parties to solve pending intellectual property disputes, including unregistered copyright and design rights, as well as registered rights such as patents, trademarks and registered designs. The WIPO Center is one of the dispute resolution services providers of mediation services for intellectual property disputes pending before the IPO of the United Kingdom.
The WIPO Center is available to collaborate with other interested stakeholders.
Collaboration with Other WIPO Divisions
This area may involve collaboration by the WIPO Center in particular with the Trademark Division – Madrid, Patent Division – PCT and Design Division – Hague.
- Workshop on Settlement of Intellectual Property Disputes through Arbitration and Mediation, organized in collaboration with the Intellectual Property Office Philippines, Manila, Philippines, December 12 and 13, 2011.
- Workshop on Mediation in Intellectual Property Disputes at IPOS, organized in collaboration with the Intellectual Property Office of Singapore (IPOS), Singapore, Singapore, December 8 and 9, 2011.
- Workshop of Arbitration in Intellectual Property Disputes, Intellectual Property Office Philippines Arbitration Rules, Manila, Philippines, December 9 and 10, 2010.
- Workshop on Arbitration and Mediation of Intellectual Property Disputes, organized in collaboration with Instituto Nacional da Propriedade Industrial, December 14 and 15, 2009, Lisbon, Portugal.
- Seminar on Arbitration and Mediation of Intellectual Property Disputes, organized by Ministerio de Cultura and ALADDA, November 23, 2009, Madrid, Spain.
- Global Symposium of Intellectual Property Authorities, WIPO, September 17 and 18, 2009, Geneva, Switzerland.
- 9th European Trademark and Patent Offices Forum, organized by Marques, June 17, 2009, Brussels, Belgium.
- Seminar on Arbitration and Mediation of Intellectual Property Disputes, organized in collaboration with Instituto Mexicano de la Propiedad Intelectual (IMPI) and Instituto Nacional de Derecho de Autor (INDAUTOR), April 9 and 10, 2008, Mexico City, Mexico.
|Arbitration and Mediation Center
|Arbitration and Mediation Center
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P.O. Box 18
1211 Geneva 20
T +4122 338 8247 or 0800 888 549
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T +65 6225 2129
F +65 6225 3568
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