WIPO ADR for FRAND Disputes

The WIPO Arbitration and Mediation Center (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 or WIPO Expedited Arbitration. 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:

The WIPO model submission agreements build on the standard WIPO Mediation, Arbitration and Expedited Arbitration Rules and propose a set of optional FRAND-specific features. The WIPO model submission agreements can be adapted by parties in line with their needs. They also can be adapted for use in WIPO contract clauses. The WIPO Center is available to assist parties in such exercise upon request.

To facilitate submission of FRAND disputes to WIPO ADR, the WIPO Center has published the Guidance on WIPO FRAND ADR. The Guidance aims at helping parties and neutrals to understand and make use of procedural options that are available at difference stages of the process.

The WIPO Center maintains a special list of mediators, arbitrators and experts for patent standards.

The WIPO Center remains open to further develop WIPO model submission agreements in line with policy developments of standard setting organizations.