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, as well as to copyright and related rights.
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
- copyright and related 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, industrial designs, copyright and related rights. 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:
|Brazil||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.
|Colombia||National Copyright Directorate of Colombia (DNDA)||DNDA administers proceedings concerning copyright and related rights through its Conciliation and Arbitration Center.
DNDA has designated the WIPO Center as the administrator of ADR cases where one or both parties are primarily domiciled outside Colombia.
|Indonesia||Directorate General of Intellectual Property Rights of Indonesia (DGIPR)||The WIPO Center is participating in the development and organization of a mediation option for trademark proceedings pending before DGIPR.|
|Mexico||Instituto Mexicano de la Propiedad Industrial (IMPI Mexico)||The WIPO Center is participating in the development and organization of ADR options for intellectual property disputes pending before IMPI Mexico.|
|Philippines||Intellectual Property Office of the Philippines (IPOPHL)||The WIPO Center has participated in the development and organization of a WIPO mediation option for intellectual property disputes pending before IPOPHL.
IPOPHL has designated the WIPO Center as the administrator of ADR cases where one or both parties are primarily domiciled outside the Philippines.
|Republic of Korea||Korea Copyright Commission (KCC)||KCC administers mediation proceedings concerning copyright and related rights in the Republic of Korea.
In case of international disputes KCC also offers a WIPO mediation option to potential parties.
|Republic of Korea||Korea Creative Content Agency (KOCCA)||KOCCA administers mediation proceedings concerning content related rights in the Republic of Korea.
In case of international disputes KOCCA also offers a WIPO mediation option to potential parties. Under certain conditions, parties to WIPO mediation under WIPO-KOCCA collaboration can benefit from a subsidy scheme for fees and costs provided by KOCCA.
|Singapore||Intellectual Property Office of Singapore (IPOS)||The WIPO Center has participated in the development and organization of a mediation option for trademark and patent proceedings and an expert determination option for patent proceedings pending before IPOS.
IPOS has designated the WIPO Center, through its Office in Singapore, as the administrator of such mediation and expert determination cases.
|Spain||Spanish Patent and Trademark Office (OEPM)||The WIPO Center collaborates with OEPM in the promotion of the use of ADR options for industrial property disputes in Spain.
The WIPO Center has also participated in the development of the OEPM model Research and Development (R&D) agreements, which recommend WIPO Mediation and WIPO Expedited Arbitration options.
|United Kingdom||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.
|United States of America||United States Patent and Trademark Office (USPTO)||The Trademark Trial and Appeal Board (TTAB) and the Patent Trial and Appeal Board (PTAB) of the USPTO encourages parties to consider ADR as a means of settling the issues raised in any trademark or patent proceedings. The WIPO Center is one of the listed dispute resolution services providers for TTAB and PTAB proceedings.
The WIPO Center also collaborates with the USPTO in the promotion of the use of ADR options for intellectual property disputes in the United States.
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 and with WIPO’s Copyright Program.
Selected Past Events
- Mediation for Intellectual Property disputes pending at IPOPHL, Manila, Philippines, April 16, 2015.
- WIPO-IPOS Workshop on Expert Determination for IP and IT Disputes, Singapore, August 28, 2014.
- Mediation Workshop for Intellectual Property disputes pending at IPOPHL, Manila, Philippines, May 7 and 8, 2014.
- Mediation Workshop for Intellectual Property Disputes pending at DGIPR Indonesia, Jakarta, Indonesia, March 11 and 12, 2014.
- WIPO-IPOS Mediation Workshop for Intellectual Property Disputes, Singapore, August 29, 2013.
- Copyright Workshop on Mediation, Instituto Nacional de Derecho de Autor (INDAUTOR), Mexico City, Mexico, on April 25 and 26, 2013.
- Workshop on Mediation in Intellectual Property Disputes at INPI Brazil, organized in collaboration with the INPI-BR Center for Intellectual Property Protection (CEDPI), Rio de Janeiro, Brazil, March 12 and 13, 2013.
- Workshop on Mediation in Intellectual Property Disputes at INPI Brazil, organized in collaboration with INPI-BR and CEDPI, Rio de Janeiro, Brazil, July 24 to 26, 2012.
- 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, Lisbon, Portugal, December 14 and 15, 2009.
- Seminar on Arbitration and Mediation of Intellectual Property Disputes, organized by Ministerio de Cultura and ALADDA, Madrid, Spain, November 23, 2009.
- Global Symposium of Intellectual Property Authorities, WIPO, Geneva, Switzerland, September 17 and 18, 2009.
- 9th European Trademark and Patent Offices Forum, organized by Marques, Brussels, Belgium, June 17, 2009.
- 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), Mexico City, Mexico, April 9 and 10, 2008.
- WIPO Guide on Alternative Dispute Resolution Options for Intellectual Property Offices and Courts
- Guía de la OMPI sobre solución extrajudicial de controversias para Oficinas de Propiedad Intelectual y tribunales judiciales
Julio de 2015
- Bibliography on Intellectual Property Arbitration and Mediation
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|Arbitration and Mediation Center
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