World Intellectual Property Organization

Training - Arbitration in Disputes on R&D and Related Commercial Agreements

Organized by
WIPO Arbitration and Mediation Center and the European Liaison Office of the German Research Organisations (KOWI)

Supported by
Simplified FP7 Model Agreement (DESCA) and the European Industrial Research Management Association (EIRMA)

Brussels, Thursday and Friday, November 28 and 29, 2013

Overview

For many companies, universities and research entities, intellectual property has become an essential business asset as well as a means of creating value. It is being developed and exploited on an increasingly international level in various contractual relationships, such as research and development contracts, consortium agreements, licenses, manufacturing arrangements, purchase contracts, distributorships and joint ventures.

Where intellectual property disputes arise in the context of an existing contractual relationship or in a non-contractual situation, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights and to enforce them, especially when involving parties from different jurisdictions. In that context, intellectual property disputes have a number of particular characteristics that may be better addressed by arbitration than by court litigation.

The increased use of arbitration reflects parties’ growing awareness of dispute resolution mechanisms that match their business requirements: private procedures which provide efficient, flexible and less costly means of settling international disputes without disrupting research and commercial relationships. Model agreements, such as the DESCA model agreement also include arbitration (and mediation) as dispute resolution option. To fully benefit from the advantages of arbitration, parties often ensure that research and related commercial agreements are consistent in terms of outlining how disputes are to be resolved.

Faculty

Faculty for this Training will consist of experts in international arbitration, including with exposure to intellectual property, research and development and technology issues.

  baizeau  paisley  schaefer
Domitille Baizeau
Lalive
Geneva
Switzerland
Kathleen Paisley
Ambos NBGO
Brussels
Belgium
 
Erik G. W. Schäfer
Cohausz & Florack
Düsseldorf
Germany
 

Full profiles of the faculty are available here.

Description

The purpose of this Training is to provide intensive basic training of a practical nature for party representatives in arbitration and for arbitrators. The training will focus on the main principles of international commercial arbitration law and practice, with particular reference to the practical case application of the WIPO Arbitration and WIPO Expedited Arbitration Rules in intellectual property and technology disputes in R&D and technology transactions. The arbitration rules of other arbitration institutions are also referred to for purposes of comparison.

The format of the Training will consist of presentations by the instructors, practical exercises supervised by the instructors, role plays and discussion between participants and instructors. Participants are expected to take an active part in the exercises and discussion sessions. After completion of the Training, participants will have a better understanding of the substantive components of international commercial arbitration, as well as the benefits and limitations of arbitration in intellectual property disputes as compared to other dispute resolutions options, in particular court litigation. In addition, they will obtain practical information about the role of the WIPO Center in ADR proceedings, and its arbitration clauses and rules.

Program

The Program will consist of sessions devoted to the following subjects:

  • Arbitration in R&D and Commercial Disputes – Experience of the WIPO Arbitration and Mediation Center
  • International Arbitration in Context
  • Selection and Appointment of the Tribunal
  • Organization of the Proceedings
  • Interim Relief
  • The Conduct of Proceedings (1) and (2)
  • Awards
  • Drafting Dispute Resolution Clauses

Who Should Attend

This Training is designed for lawyers, business executives, patent and trademark attorneys, technology transfer professionals and others wishing to familiarize themselves with the arbitration process and its application in the area of research and development and related commercial transactions.

Program Information

Venue Timetable Language
European Liaison Office of the German Research Organisations (KOWI)
Rue du Trône 98
1050 Brussels
Belgium
Thursday and Friday, November 28 and 29, 2013 English

Registration and Fee

Participation Registration Fee Cancellations How to apply
Participation in the Workshop will be limited to 25 persons 590 EURO
520 EURO (special rate for members of EIRMA and users of the DESCA model agreement)
If registered participants are unable to attend the workshop for any reason they may substitute someone else from the same organization by arrangement with KOWI. KOWI cannot offer a refund of the registration fee. Please send the registration form by fax or e-mail to Ms. Christina Sprenger of KOWI (see below)

Contact Details

European Liaison Office of the German Research Organisations WIPO ARBITRATION AND MEDIATION CENTER
Ms. Christina Sprenger
Rue du Trône 98, 1050 Brussels, Belgium
T +32 (0)2 54802 10
F +32 (0)2 50275 33
E cs@kowi.de
W http://www.kowi.eu
34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
Switzerland
T +41 22 338 8247
F +41 22 740 8337
E arbiter.meetings@wipo.int
W www.wipo.int/amc/

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