In recent years, the WIPO Arbitration and Mediation Center (the “WIPO Center”) has administered some 95 disputes relating to standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing negotiations. Under the WIPO Mediation Rules, the mediator facilitates licensing negotiations to help parties agree on FRAND licensing terms (“Deal Mediation”). In WIPO FRAND mediations where parties wish to involve an expert or a co-mediator with specific expertise (e.g., concerning essentiality, patent valuation), the WIPO Center is also available to assist with such appointment (including from its list of neutrals for patent standards).
- Mediations between large SEP holders and implementers in Asia and Europe to facilitate the agreement of FRAND licensing/cross-licensing terms, often in connection with pending litigation in multiple jurisdictions.
- Requests for WIPO Mediation relating to licensing negotiations between patent pool administrators and implementers in relation to ongoing unsuccessful patent licensing negotiations. These cases included parties from 21 jurisdictions (50% of cases involved parties based in Asia including China, India, Japan and the Republic of Korea). Some of these mediation requests prompted renewed licensing negotiations, prior to the appointment of the mediator.
- Referral of SEP/FRAND cases to WIPO Mediation by IP courts in China, including parties from Europe and Asia.
WIPO ADR Services for SEP/FRAND Disputes
Model submission agreements
The WIPO Center makes available tailored model submission agreements that parties may use to refer a dispute concerning the determination of fair, reasonable and non-discriminatory (FRAND) terms to WIPO Mediation, WIPO Arbitration, WIPO Expedited Arbitration or WIPO Expert Determination. The WIPO model submission agreements seek to ensure a cost- and time-effective FRAND determination and have been developed further to a series of consultations conducted by the WIPO Center with leading patent law, standardization and arbitration experts from a number of jurisdictions. The WIPO Center also took into account comments made by some members and the Secretariat of the European Telecommunication Standards Institute (ETSI). The following options are available:
WIPO Mediation options:
- WIPO Mediation for FRAND Disputes
- In the absence of a mediation agreement: Unilateral Request for WIPO Mediation for FRAND Disputes
- WIPO Mediation Pledge by SEP holders to IoT SMEs
