Alternative Dispute Resolution (ADR) Collaboration between the WIPO Arbitration and Mediation Center (WIPO Center) and the International Trademark Association (INTA)

Introduction

In light of potential synergies in their respective ADR activities, INTA and the WIPO Center collaborate in the promotion of the use of ADR amongst potential users, by harnessing the international experience of the WIPO Center and the special expertise of INTA’s Panel of Trademark Mediators (INTA’s Panel) members.

This collaboration provides value to INTA members by making available an administered mediation option at special rates. It is intended that this collaboration between two recognized organizations in this area will stimulate the use of mediation by parties and thus reduce the negative impact of disputes in the productive use of trademark rights.

INTA Panel members and WIPO case administration

First, the WIPO Center facilitates access by interested parties to INTA's Panel members through the WIPO Center’s website.

Second, while parties may resort to non-administered mediation (e.g., following court referral), they may alternatively prefer administered mediation and other ADR options. In addition to the continuing possibility for parties to appoint INTA's Panel members in INTA's non-administered mediation program, INTA members may therefore choose the following WIPO-administered ADR options, at preferential WIPO rates:

Mediation Involving an INTA Panel Member Administered by the WIPO Center

Under this option, the mediation procedure shall be administered by the WIPO Center under the WIPO Mediation Rules. The WIPO Center shall offer a special 25% discount on its administration fee for INTA members. The WIPO Center’s case administration services include:

Mediation Involving an INTA Panel Member followed by Arbitration under WIPO Arbitration or WIPO Expedited Arbitration Rules Administered by the WIPO Center

In order to increase settlement chances and/or to provide for final and binding resolution of the dispute, parties often combine mediation and arbitration by opting for mediation, followed in the absence of a settlement within a previously set timeframe, by arbitration. In that light, INTA members opting for a combined procedure could choose mediation involving an INTA Panel Member (whether or not administered by the WIPO Center), followed in the absence of a settlement, by WIPO-administered arbitration under the WIPO Arbitration Rules or the WIPO Expedited Arbitration Rules.

Resources

• INTA’s Panel of Trademark Mediators
• Recommended WIPO-INTA Contract Clauses and Submission Agreements
• WIPO Mediation
• WIPO Mediation – Reduced Schedule of Fees and Costs for INTA Members
• WIPO Arbitration and Expedited Arbitration
• WIPO Arbitration / WIPO Expedited Arbitration – Reduced Schedule of Fees and Costs for INTA members

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