Why WIPO ADR for Digital Copyright and Content Disputes?
The main characteristics of WIPO ADR procedures are:
- Time-efficient: The WIPO Rules provide for short time limits for resolving disputes;
- Cost-efficient: WIPO ADR is designed to control the cost of the procedure;
- Online conduct of procedures: WIPO ADR proceedings can be held remotely (by videoconference or using online tools) and documents can be filed by electronic means;
- Tailor-made and flexible procedures: Proceedings, in particular mediation, are driven by the parties, making them suit the parties’ needs; and
- Specialized neutrals: Parties can appoint neutrals experts in the area of dispute.
The WIPO AMC can assist the parties in considering submitting the dispute to a WIPO ADR procedure.
Selected Areas of Dispute
- advertising
- animation
- Artificial Intelligence (AI - Generative AI)
- cinematographic works
- databases
- distribution agreements
- dramatic works
- film production
- image rights
- infringements
- licensing agreements
- literary works
- marketing agreements
- mobile apps
- musical works
- photographic works
- publishing
- software
- TV formats
- user generated (uploaded) content
- video games and eSports
Potential Stakeholders
- authors
- broadcasters
- creators
- CMOs
- internet service providers
- music streaming platforms
- online platforms
- performers
- phonogram producers
- platform users
- television and media companies
- video streaming platforms (video-on-demand, OTTs)
WIPO Mediation
In a mediation procedure, a neutral (the mediator) assists the parties in reaching a mutually satisfactory settlement of their dispute. Under the WIPO Mediation Rules, mediation is an informal and flexible process, which is in the hands of the parties and the mediator. Parties can terminate the procedure at any moment.Some of the key characteristics of WIPO Mediation are:
- Non-binding: Unlike a judge or an arbitrator, a mediator cannot impose a decision. The settlement agreement has the force of a contract and the parties may still seek remedies before state courts or arbitral tribunals. Even when the parties have agreed to submit a dispute to mediation, they are free to abandon the process at any time if they find that its continuation does not meet their interests;
- Tailor-made and flexible: The parties and the mediator are free to decide on how the mediation process should be conducted;
- Confidential: The existence and the outcome of WIPO Mediation, as well as any information disclosed in the course of the proceedings, are confidential; and
- Interest-based: The settlement agreement can be determined by the business interests of the parties.
- Filing a Request for WIPO Mediation (Commencement of Procedure);
- Commencement of the Mediation: The procedure commences on the date the Request for Mediation is received by the WIPO AMC. The WIPO AMCwill then inform the parties of the receipt of the Request and of the date of Commencement of the Mediation;
- Appointment of the Mediator: The mediator is appointed by agreement of the parties, with assistance from the WIPO AMC. The mediator undertakes to make available sufficient time to enable the mediation to be conducted expeditiously and to remain neutral, impartial and independent;
- Initial Contacts between the Mediator and the Parties: With the support of the WIPO AMC, the mediator and the parties set up the first meeting and agree on any preliminary exchange of documents;
- First Meeting and Subsequent Meetings (if any): The mediator and the parties:
- agree on the ground rules of the process;
- gather any necessary information and identify the key issues at stake;
- explore the interests of the parties; and
- develop and evaluate options for settlement.
- Termination of the Mediation (End of Procedure): The procedure is terminated by:
- the signing of a settlement agreement by the parties;
- a decision of the mediator, declaring that mediation is unlikely to lead to a resolution of the dispute; or
- a declaration of a party, at any time, that it does not wish to proceed with the mediation.
As part of its tailored WIPO ADR Services, the WIPO AMC has also adapted its model mediation submission agreement for the resolution of digital copyright and content disputes:
WIPO Mediation Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
For more information on WIPO Mediation, including Fees and Costs and Case Filing Guidelines, please see here.
File a Unilateral Request for WIPO Mediation online
File a Request for WIPO Mediation online
WIPO Arbitration
In an arbitration procedure, parties agree to submit their dispute to one or more neutrals (arbitrators), who will then make a binding decision on the issue.The main characteristics of WIPO Arbitration, conducted under the WIPO Arbitration Rules, are the following:
- Consensual: Arbitration can take place only if all parties have agreed to it. Parties’ agreement to arbitrate can be expressed by means of an arbitration clause or a submission agreement;
- The parties choose the arbitrator(s): Under the WIPO Arbitration Rules, parties can opt for a sole arbitrator or for a three-member arbitral tribunal;
- Neutral forum: No party enjoys a home court advantage;
- Confidential: The existence and the outcome of WIPO Arbitration, as well as any information disclosed in the course of the proceedings, are confidential; and
- The award is final and enforceable: Arbitral awards can be challenged on a limited number of grounds, while under the New York Convention international awards are recognized and enforced globally. Under the WIPO Arbitration Rules, parties undertake to carry out the award without delay.
- Filing a Request for WIPO Arbitration (Commencement of Procedure);
- Commencement of the Arbitration: The procedure commences on the date the Request for Arbitration is received by the WIPO AMC. The Center will then inform the Claimant and the Respondent (the parties) of the receipt of the Request and of the date of Commencement of the Arbitration;
- Answer to the Request for WIPO Arbitration: The Respondent may submit, within 30 days from the date it receives the Request for Arbitration, an Answer to the Request;
- Appointment of the Arbitrator(s): The arbitrator(s) is appointed by agreement of the parties or by the WIPO AMC. By accepting its appointment, the arbitrator(s) undertakes to make available sufficient time to enable the arbitration to be conducted and concluded expeditiously and to remain impartial and independent;
- Filing of the Statement of Claim: The Claimant submits its Statement of Claim within 30 days from the date it receives notification from the WIPO AMC that the arbitral tribunal has been established;
- Filing of the Statement of Defense: The Respondent submits its Statement of Defense within 30 days from the date it receives the Statement of Claim or within 30 days from the date it receives notification from the WIPO AMC that the arbitral tribunal has been established (whichever occurs later);
- Further Written Statements and Amendments to Claims or Defense: The Claimant replies to any counter-claims or set-offs made in the Statement of Defense. Additionally, both parties may amend or supplement their claims and defense, unless they have agreed otherwise or unless the arbitral tribunal considers it inappropriate;
- Hearing(s): At the request of a party or on its own initiative, the arbitral tribunal holds one or more hearings for the presentation of evidence and oral arguments. The WIPO Arbitration Rules provide for hearings to be held either online or in person;
- Closure of Proceedings: When it finds that the parties have had adequate opportunity to present their case, the arbitral tribunal declares the proceedings closed;
- Award (End of Procedure): The arbitral tribunal will typically forward its Award to the WIPO AMC within three months from the Closure of Proceedings.
As part of its tailored WIPO ADR Services, the WIPO AMC has also adapted its model arbitration submission agreement for the resolution of digital copyright and content disputes:
WIPO Arbitration Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
For more information on WIPO Arbitration, including Fees and Costs and Case Filing Guidelines, please see here.
File a Request for WIPO Arbitration online
WIPO Expedited Arbitration
To facilitate the resolution of disputes of small monetary value or disputes arising in specific industry sectors, the WIPO AMC offers WIPO Expedited Arbitration under the WIPO Expedited Arbitration Rules. WIPO Expedited Arbitration is a form of arbitration that is carried out in a shortened period and at a reduced cost compared to WIPO Arbitration.A WIPO Expedited Arbitration can be tailored to meet the interests of the parties. Usually a procedure will involve the following steps:
- Filing a Request for WIPO Expedited Arbitration and the Statement of Claim (Commencement of Procedure);
- Commencement of the Expedited Arbitration: The procedure commences on the date the Request for Arbitration, together with the Statement of Claim, is received by the WIPO AMC. The WIPO AMC will then inform the Claimant and the Respondent of the receipt of the Request and Statement of Claim and of the date of Commencement of the Arbitration;
- Answer to the Request for WIPO Expedited Arbitration and Statement of Defense: The Respondent may submit, within 20 days from the date it receives the Request for Arbitration and the Statement of Claim, an Answer to the Request, accompanied by the Statement of Defense;
- Appointment of the Arbitrator: A sole arbitrator is appointed by agreement of the parties or by the WIPO AMC. By accepting its appointment, the arbitrator undertakes to make available sufficient time to enable the arbitration to be conducted and completed expeditiously and to remain impartial and independent;
- Hearing(s): At the request of a party or on its own initiative, the arbitral tribunal holds one or more hearings for the presentation of evidence and oral arguments. The WIPO Expedited Arbitration Rules allow for hearings to be held online or in person;
- Closure of Proceedings: When it finds that the parties have had adequate opportunity to present their case, the arbitral tribunal declares the proceedings closed;
- Award (End of Procedure): The arbitral tribunal will typically forward its Award to the WIPO AMC within one month from the Closure of Proceedings.
As part of its tailored WIPO ADR Services, the WIPO AMC has also adapted its model expedited arbitration submission agreement to the resolution of digital copyright and content disputes:
WIPO Expedited Arbitration Submission Agreement for Digital Copyright and Content Disputes (including sample descriptions of scope)
For more information on WIPO Expedited Arbitration, including Fees and Costs and Case Filing Guidelines, please see here.
File a Request for WIPO Expedited Arbitration online
WIPO Expert Determination, including for Digital Copyright and Trademark Infringement (WIPO DCTI)
Expert determination is often used in matters of a technical nature. It allows disputing parties to submit a specific matter (e.g., a technical question, IP valuation) to one or more experts who will then make a determination on this. The expert determination will usually be binding, unless the parties have agreed otherwise.The WIPO Expert Determination, which is conducted under the WIPO Expert Determination Rules, is a flexible procedure that can operate on a more informal and expeditious manner than more comprehensive processes such as arbitration. It may be used on a stand-alone basis or in connection with an arbitration, mediation or court case.
The WIPO AMC, in collaboration with stakeholders in the digital copyright and trademark environment, has introduced the WIPO Expert Determination for Digital Copyright and Trademark Infringement (WIPO DCTI). WIPO DCTI is a specialized procedure designed to swiftly and effectively resolve disputes arising from copyright or trademark infringement on online platforms, drawing upon international best practices and expertise in IP law.
WIPO DCTI is tailored to disputes arising from copyright or trademark infringement issues concerning statements of reasons or decisions made by internal complaint-handling systems on online platforms. It focuses on an independent expert evaluating actions taken by online platforms, such as content removal, access restriction, or account suspension.
The WIPO DCTI main characteristics are:
- Expeditiousness: Short time limits for the resolution to be made;
- Low cost: Each case is subject to a fixed fee;
- Fully online procedure via online case administration tools and videoconferencing tools;
- Document-based procedure: No oral hearings;
- Sole expert (Neutral): One expert decides the case; and
- Limited scope: Copyright and trademark infringement issues on online platforms.
WIPO ADR Case Examples related to Digital Copyright and Content Disputes
Audiovisual works
- Two European companies specialized in digital effects and a Latin American producer concerning agreement for co-production of animated film;
- TV distribution company and international sports federation concerning agreement for exclusive broadcasting of sports competitions in Asia-Pacific region;
- Two Asian producers and a European producer concerning agreement for development of pilot for TV reality show;
- Author of an audiovisual production and a number of Asian streaming companies regarding amount of royalties to be paid for his work;
- Association of film producers and website operator regarding copyright infringement by making films and TV shows available on website;
- Creator and event organizer regarding alleged copyright infringement of digital effects to be used in live broadcasting of sports competitions;
- Two Latin American producers and two European companies in entertainment industry regarding alleged copy of TV show developed by Latin American producers in their home jurisdiction.
Mobile apps
- Startup companies based in the Middle East and in the United States regarding licensing agreement for mobile apps;
- Unauthorized use and distribution of copyright-protected icons for mobile apps.
Musical works
- Group of music publishing associations and CMO regarding distribution of royalties for public communication on TV of musical works;
- Unpaid royalties to author of musical work included in TV series produced by multinational entertainment company and broadcast through OTT platform;
- Author and online platform regarding removal of his musical work due to copyright infringement.
Photographic works
- European photographer and Asian media company regarding publication of photographs on internet without authorization or payment;
- Company that provides copyright enforcement services (on behalf of European media group) and European company regarding payment of royalties for unauthorized use of photographs on website.
Social media platforms
- Copyright infringement for unauthorized use of website content on social media platform;
- Copyright infringement for copying cartoon character from social media account.
Software
- Asian company and European software developer regarding scope of software licensing agreement to provide mobile payment services in Asian countries;
- Software developer based in the United States and European company related to online license agreement of security software.
Video Games and eSports
- A copyright infringement dispute between a North American company and an Asian company. Both parties were engaged in developing and publishing video games. Proceedings were pending before national courts and the parties agreed to refer their dispute to WIPO Mediation;
- A dispute between an Asian video game company and a European developer related to copyright infringement, payment of royalties and blocking of the unauthorized streaming of eSports competitions;
- A dispute related to copyright infringement over the scenario of a video game between an Asian video game company and a North American multinational technology company;
- A dispute between a video game and online entertainment company and an online gaming company. The requesting party accused the respondent of actively advertising and making available the download of an unauthorized copy of the requesting party's video game;
- A copyright infringement dispute over an online video game between a European video game production and publishing company and another company;
- A dispute related to the use of IT in the context of the video game industry between a European video game development company and an Asian company;
- A dispute between a European software development company and a European retail chain related to whether the requesting party should obtain a trademark license to use a logo inside a video game.
Support and Guidance by the WIPO AMC and Tailored ADR Procedures
The WIPO AMC makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to WIPO ADR.Upon request, the WIPO AMC provides procedural guidance to parties seeking to resolve their disputes under the WIPO Rules, including advice on the drafting and adaptation of ADR clauses in digital copyright and content-related contracts and submission agreements. The WIPO AMC also assists parties in submitting cases to WIPO ADR by, for example, acting as a communication channel between the parties where one party is interested in using WIPO ADR.
The WIPO AMC also organizes training and workshops on mediation, arbitration and related topics.
As part of its tailored WIPO ADR Services, the AMC can provide assistance and support to parties if they wish to use or integrate any of their own internal systems or procedures into the ADR process.
Collaboration with Concerned Stakeholders and Entities
The WIPO AMC collaborates with stakeholders in the area of digital copyright and content to focus on how to provide effective ADR procedures that prioritize time- and cost-efficient dispute resolution, while preserving business relationships in this industry.The WIPO AMC is available to collaborate with other interested stakeholders.
Contact us
WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 370
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568