WIPO Mediation for Proceedings Instituted in the Intellectual Property Office of Singapore (IPOS)
A framework for collaboration between the Intellectual Property Office of Singapore (IPOS) and WIPO has been established upon the signing of a Memorandum of Understanding (MOU) on September 28, 2011. Under the MOU, IPOS and the WIPO Arbitration and Mediation Center (WIPO Center) established a joint dispute resolution procedure to facilitate the mediation of intellectual property disputes pending before IPOS. The new mediation option applies to all trademark proceedings pending before IPOS with effect from January 3, 2012.
Disputes Pending before IPOS
Disputes in this area may be related to trademark opposition, invalidation and revocation proceedings pending before IPOS. IPOS offers a voluntary mediation option to parties to resolve these disputes through mediation under the WIPO Mediation Rules.
The WIPO Mediation option offered by IPOS may be especially advantageous for international parties seeking to settle related disputes in multiple jurisdictions.
The WIPO Mediation option is available through the entire dispute resolution process before IPOS. More information on IPOS proceedings may be obtained here.
Using Mediation in IPOS Proceedings
Areas of Mediation
- Trademark opposition
- Trademark invalidation
- Trademark revocation
Parties to Mediation
- Applicants before IPOS
- Opponents/applicants for invalidation/revocation before IPOS
WIPO ADR Services for IPOS
- Administration of Disputes Pending before IPOS
A WIPO Mediation commences with the submission to the WIPO Center Office in Singapore of an Agreement and Request for WIPO Mediation in IPOS Trade Mark Proceedings completed and signed by the parties. Such Agreement and Request could also be communicated through IPOS when the parties return to IPOS their Response to Registrar Form if they so wish.
The WIPO Center will then contact the parties regarding the next steps of the procedure, the fees and the appointment of the mediator. The parties are free to identify themselves a suitable candidate for such appointment. The WIPO Center is available to assist with the provision of a shortlist of qualified mediator candidates.
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 Singapore with expertise in intellectual property rights, such as trademarks, patents and industrial designs. They can be appointed in WIPO mediations by parties to disputes pending before IPOS but parties are also free to select mediators, arbitrators or experts from outside the WIPO Panel.
- Procedural Guidance and Training
Mediation can only be undertaken with the agreement of both parties. In order to facilitate such agreement, parties may use the available Agreement and Request for WIPO Mediation in IPOS Trade Mark Proceedings so that their dispute is dealt with through WIPO Mediation. In the Agreement and Request, parties can adapt the process to their needs by agreeing for example on the scope of the dispute, the time set aside for the mediation, and the language to be used in the mediation (such matters can also be agreed after the appointment of the mediator).
The WIPO Center also organizes training and workshops on mediation, arbitration and related topics. In particular, the collaboration framework between IPOS and WIPO includes the provision of specialized training in mediation and arbitration of intellectual property disputes aimed at developing greater expertise for ADR in Singapore and the region.
Fees and Costs
A not-for-profit Schedule of Fees for administration fees and mediator fees applies.
The WIPO Center's assistance to the parties to negotiate reasonable rates for the mediator and the parties’ ability to terminate the mediation help to contain the cost of this informal procedure.
- Workshop on Mediation in Intellectual Property Disputes at IPOS, organized in collaboration with the Intellectual Property Office of Singapore (IPOS), Singapore, December 8 and 9, 2011.
|Arbitration and Mediation Center
|Arbitration and Mediation Center
32 Maxwell Road #02-02
T +65 6225 2129
F +65 6225 3568
|34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550