MCST-WIPO Collaboration: Mediation for International Copyright and Content-related Disputes

A framework for collaboration between the Ministry of Culture, Sports and Tourism (MCST) of the Republic of Korea and WIPO has been established upon the signing of a Memorandum of Understanding (MOU) in 2018. Under the MOU, MCST and the WIPO Arbitration and Mediation Center (WIPO Center) established a joint dispute resolution procedure to facilitate the mediation of international copyright and content-related disputes in the Republic of Korea. Effective May 1, 2019, parties to such disputes can benefit from a Mediation Promotion Scheme, which will help fund their mediation costs.

Copyright and Content-related Disputes

Disputes in this area may be related to broadcasting, co-production, distribution, entertainment, film and media, ICT, licensing, music, TV formats, software, video games, and copyright infringement. MCST and WIPO offer a voluntary mediation option to parties to resolve these disputes through mediation under the WIPO Mediation Rules.

WIPO Mediation may be especially advantageous for international parties seeking to settle related disputes in multiple jurisdictions.

WIPO Mediation Services

  • Administration of Disputes

A party that wishes to propose submitting a dispute to WIPO Mediation may submit a request to the WIPO Center by email to arbiter.mail@wipo.int, and to the other party.

Download MCST-WIPO Request for Mediation

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. The parties are also free to determine where they want WIPO Mediation proceedings to take place.

In its role as administering institution, the WIPO Center maintains strict neutrality and independence.

  • MCST-WIPO Panel of Mediators for Copyright and Content-related Disputes

Effective proceedings to a large extent depend on the quality of the mediator. MCST and the WIPO Center maintain an indicative Panel of Mediators with expertise in copyright and content-related rights. They can be appointed in WIPO mediations by parties but parties are also free to select mediators from outside the MCST-WIPO Panel.

MCST-WIPO Mediation Promotion Scheme

The WIPO Center believes that mediation should be cost effective. In consultation with parties and mediators, the WIPO Center ensures that fees charged in a WIPO Mediation are appropriate in light of the circumstances of the dispute.

As part of the MCST-WIPO collaboration, effective May 1, 2019, parties to copyright and content-related disputes in the Republic of Korea can benefit from a Mediation Promotion Scheme, which can fund their mediation costs in accordance with the following schedule:

Reduced fees and costs apply under the Mediation Promotion Scheme

Type of Case WIPO Administration Fee Mediator's Fees
International dispute related to one or more jurisdictions USD 25 per party USD 200/hour
Max. USD 800/day

Funding available under the Mediation Promotion Sheme

Type of Case Funding per Case Funding Mediator’s Fees Funding Party Lawyers' Fees
(Max. 50% of Total Lawyers' Fees)
International dispute related to one jurisdiction Up to USD 5,000 Up to USD 4,950 Up to USD 1,500 per party
International dispute related to more than one jurisdiction Up to USD 10,000 Up to USD 9,950 Up to USD 1,500 per party
  • The Mediation Promotion Scheme may cover (i) administration fee; (ii) mediator’s fees and expenses; and (iii) parties lawyers’ fees (If lawyers’ fees are claimed under the Scheme, each party must pay 50% of such fees. The Scheme only funds up to 50% of a parties lawyer’s fees).
  • Parties must disclose the lawyers’ fees relating to the dispute.
  • Parties must provide feedback about the mediation through a questionnaire.
  • MCST and WIPO can make available information on the dispute, including the mediation outcome, preserving parties’ identity and settlement terms.
  • The Mediation Promotion Scheme may fund up to USD 50,000 in total per year.

Contact Information

For additional information on WIPO Mediation services and the MCST-WIPO Mediation Promotion Scheme:

WIPO Arbitration and Mediation Center
Geneva
WIPO Arbitration and Mediation Center
Singapore
Chemin des Colombettes 34
1211 Geneva 20
Switzerland

T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
Maxwell Chambers
32 Maxwell Road #02-02
Singapore 069115

T +65 6225 2129
F +65 6225 3568
General queries: arbiter.mail@wipo.int
Website: www.wipo.int/amc