The WIPO Arbitration and Mediation Center's alternative dispute resolution (ADR) services are regularly used by artists, creators, collective management organizations (CMOs), small and medium-sized enterprises (SMEs), and multinational corporations from around the world, to resolve copyright and content disputes, including in the digital environment.
International and domestic copyright transactions may involve a rich variety of contracts, and complex legal, commercial or management issues.
For example, disputes in the area of CMOs may involve a wide range of highly specific subject matter. CMOs may get involved as parties in such disputes together with other stakeholders, such as cable operators or broadcasters. Members of CMOs may also get involved in disputes with each other, particularly when there are overlapping claims to the amounts collected.
Efficient dispute avoidance and cost-effective ADR options, including mediation and arbitration, help parties to find solutions without the need for court litigation. The number of WIPO copyright-related arbitration and mediation cases has grown in recent years.
With offices in Geneva, Switzerland, and in Singapore, the WIPO Arbitration and Mediation Center is a neutral, international and non-profit dispute resolution provider specializing in IP and technology related commercial disputes.
The WIPO Center actively helps parties to submit disputes to WIPO ADR procedures; assists in the selection of a specialized mediator or arbitrator(s) from the WIPO Center’s database or otherwise, and the setting of the neutral’s fees; and manages case communications and finances.
The WIPO Center can also assist with support services, including arranging for meeting and hearing rooms. Throughout, the WIPO Center liaises with parties and neutrals to ensure optimal procedural efficiency.
The WIPO Center and the WIPO Copyright and Creative Industries Sector collaborate to raise awareness of the advantages of ADR for copyright-related disputes.
To facilitate the referral of disputes to WIPO ADR procedures, the WIPO Center provides recommended contract clauses (for the submission of future disputes under a particular contract) and submission agreements (for existing disputes, including those referred by courts).
When parties are involved in a copyright-related dispute, the WIPO Center can provide procedural assistance to them (Good Offices) in order to facilitate direct settlement between them or the submission of their dispute to WIPO mediation or arbitration.
The WIPO Center is regularly contacted in relation to disputes where one party wishes to submit a dispute to mediation, but no mediation agreement exists between the parties, for example in copyright infringement disputes or in cases pending before the courts. Under the WIPO Mediation Rules a party may submit a unilateral Request for Mediation to the WIPO Center. The WIPO Center may then assist the parties or, upon request, may appoint an external neutral to provide the required assistance.
WIPO ADR procedures are organized to stimulate positive opportunities for settlement. 70% of the mediations administered by the WIPO Center have resulted in settlement by the parties. Even in arbitration, some 40% of WIPO cases are settled by the parties prior to a formal award.
|Arbitration and Mediation Center Geneva||Arbitration and Mediation Center Singapore|
|34, chemin des Colombettes
P.O Box 18
1211 Geneva 20
T +41 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
|32, Maxwell Road #02-02
T +65 6225 2129
F +65 6225 3568
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