WIPO Mediation for Proceedings Instituted in the Brazilian National Institute of Industrial Property (INPI-BR)
A framework for collaboration between the Brazilian National Institute of Industrial Property (INPI-BR) and WIPO has been established upon the signing of a Memorandum of Understanding (MOU) on September 12, 2012. Under the MOU, INPI-BR and the WIPO Arbitration and Mediation Center established a joint dispute resolution procedure to facilitate the mediation of intellectual property disputes pending before INPI-BR. As of July 15, 2013, the new mediation option is available in trademark proceedings filed with INPI-BR.
Disputes Pending before INPI-BR
Disputes in this area may be related to trademark opposition, appeal and administrative nullity proceedings pending before INPI-BR. INPI-BR offers a voluntary mediation option to parties to resolve these disputes through mediation under the WIPO Mediation Rules. [English version] [] The WIPO Mediation option offered by INPI-BR may be especially advantageous for international parties seeking to settle related disputes in multiple jurisdictions.
A mediation option is available through the entire dispute resolution process before INPI-BR. More information on INPI-BR proceedings may be obtained here.
- In disputes where one or both parties are domiciled outside Brazil, the Notification to INPI-BR shall be filed with the WIPO Arbitration and Mediation Center (WIPO Center) and the Center for Intellectual Property Protection (CEDPI). The Agreement and Request for Mediation in INPI-BR Proceedings shall be filed with the WIPO Center, in accordance with the WIPO Mediation Rules. [English version] [Portuguese version]
- In disputes where both parties are domiciled in Brazil, the Notification to INPI-BR and the Agreement and Request for Mediation in INPI-BR Proceedings shall be filed with the Center for Intellectual Property Protection (CEDPI), in accordance with the INPI-BR Mediation Rules.
Technical consultation: As a result of the collaboration between INPI-BR and WIPO, parties to a WIPO Mediation may use the optional technical consultation offered by INPI-BR.
Using Mediation in INPI-BR Proceedings
Areas of Mediation
- Trademark opposition
- Appeal
- Administrative trademark nullity
Parties to Mediation
- Trademark applicants before INPI-BR
- Opponents/applicants for appeal/administrative trademark nullity before INPI-BR
WIPO ADR Services for INPI-BR
- Administration of Disputes Pending before INPI-BR
A WIPO Mediation commences with the submission to the WIPO Center of an Agreement and Request for WIPO Mediation in INPI-BR Proceedings [English version] [Portuguese version] including at least one party not domiciled in Brazil, completed and signed by the parties. A CEDPI Mediation commences with the submission to the CEDPI of an Agreement and Request for CEDPI Mediation in INPI-BR Proceedings, completed and signed by the parties.
The WIPO Center will then contact the parties regarding the next steps of the procedure, the fees and the appointment of the mediator. The parties are free to identify themselves a suitable candidate for such appointment. The WIPO Center is available to assist with the provision of a shortlist of qualified mediator candidates.
In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
Effective proceedings to a large extent depend on the quality of the mediator. The WIPO Center maintains an open-ended Panel, including mediators from Brazil with expertise in intellectual property rights, such as trademarks, patents and industrial designs. They can be appointed in WIPO mediations by parties to intellectual property disputes pending before INPI-BR but parties are also free to select mediators from outside the WIPO/INPI-BR Panel.
- Procedural Guidance and Training
Mediation can only be undertaken with the agreement of both parties. In order to facilitate such agreement, parties may use the available Agreement and Request for WIPO Mediation in INPI-BR Proceedings [English version] [Portuguese version] so that their dispute is dealt with through WIPO Mediation. In the Agreement and Request, parties can adapt the process to their needs by agreeing for example on the scope of the dispute, the time set aside for the mediation, and the language to be used in the mediation (such matters can also be agreed after the appointment of the mediator).
The WIPO Center also organizes training and workshops on mediation, arbitration and related topics. In particular, the collaboration framework between INPI-BR and WIPO includes the provision of specialized training in mediation and arbitration of intellectual property disputes aimed at developing greater expertise for ADR in Brazil and the region.
Fees and Costs
A not-for-profit Schedule of Fees [English version] [Portuguese version] for administration fees and mediator fees applies. The WIPO Center's assistance to the parties to negotiate reasonable rates for the mediator and the parties’ ability to terminate the mediation help to contain the cost of this informal procedure.
Past Events
- Workshop on Mediation in Intellectual Property Disputes at INPI, organized in collaboration with the Brazilian National Institute of Industrial Property (INPI-BR) Center for Intellectual Property Protection (CEDPI), Rio de Janeiro, March 12 and 13, 2013.
- Workshop on Mediation in Intellectual Property Disputes at INPI, organized in collaboration with the Brazilian National Institute of Industrial Property (INPI-BR) and Center for Intellectual Property Protection (CEDPI), Rio de Janeiro, November 27 and 28, 2012.
- Workshop on Mediation in Intellectual Property Disputes at INPI, organized in collaboration with the Brazilian National Institute of Industrial Property (INPI-BR) and Center for Intellectual Property Protection (CEDPI), Rio de Janeiro, July 24 to 26, 2012.
Contact
Arbitration and Mediation Center
Geneva
34, chemin des Colombettes
P.O. Box 18
1211 Geneva 20
Switzerland
T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
General Queries: arbiter.mail@wipo.int
Website: www.wipo.int/amc