WIPO Alternative Dispute Resolution (ADR) Services for Specific Sectors

Background

In the face of the increasing complexity, specialization and rapid evolution of technological, business and legal conditions, the WIPO Arbitration and Mediation Center provides ADR services aiming to facilitate, on a non-profit basis, time- and cost-effective dispute resolution accommodating specific party needs and interests.

The WIPO Mediation, (Expedited) Arbitration, and Expert Determination Rules are appropriate for all commercial disputes, and additionally feature provisions addressing specific needs in intellectual property disputes, namely provisions on confidentiality, evidence, experiments, site visits, agreed primers and models, and trade secrets. Also, WIPO Expedited Arbitration provides a reduced time frame and fee structure in cases that are less complex and modest in dispute value.

Specific areas of intellectual property transactions may benefit from targeted adaptations to the standard WIPO ADR framework, for example in relation to rules, fees and clauses. Such adaptations promote efficiency gains through ADR processes that reflect legal and business standards and needs of the area. The WIPO Center, drawing upon its experience under the WIPO Rules, as well as the WIPO-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) and related policies, focuses significant resources on designing and establishing such adapted ADR procedures.

In this effort, the WIPO Center collaborates with intellectual property owners and users, their representative organizations and associations, as well as with other interested private or public entities and external experts. Where appropriate, the WIPO Center also collaborates with other WIPO Divisions for substantive expertise on the particular subject matter. In its role as administering institution, the WIPO Center maintains strict neutrality and independence.

Adapted ADR Services Offered by the WIPO Center

• Drafting or reviewing ADR rules, model dispute resolution contract clauses, and related guidance
• Facilitating the use of ADR through the establishment of model contracts, institutional codes of conduct, and unilateral dispute resolution position statements (pledges)
• Establishing specialized panels of suitably qualified mediators, arbitrators and experts from relevant areas and jurisdictions
• Providing case administration services and schedules of fees and costs appropriate for the specific context
• Organizing training programs for potential users as well as mediators, arbitrators and experts
• Providing any other relevant technical assistance

Areas

The WIPO Center’s ADR services for Specific Sectors currently cover the following areas, with further areas anticipated to be added.

• Art and Cultural Heritage
• B2B Data Disputes
• Energy
• Fashion
• Film and Media and Entertainment
• Franchising
• Information and Communication Technology
• Intellectual Property Offices
• Life Sciences
• Patents in Standards
• Research and Development/Technology Transfer
• SMEs
• Sports
• Trade Fairs