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

The WIPO Arbitration and Mediation Center offers mediation and arbitration procedures, to enable private parties to efficiently resolve their domestic and cross-border commercial disputes. The WIPO Center is international and specialized in intellectual property and technology disputes. Within the framework for collaboration between the Ministry of Culture, Sports and Tourism (MCST) of the Republic of Korea and WIPO, MCST and the WIPO Center established a joint dispute resolution procedure to facilitate the mediation of international copyright and content-related disputes in the Republic of Korea. Parties to such disputes can benefit from a Mediation Promotion Scheme, which will help fund their mediation costs.

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Guidance on WIPO Mediation

Book Orientation Session

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.

MCST-WIPO Mediation Promotion Scheme

As part of the MCST-WIPO collaboration, 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:

Funding available under the Mediation Promotion Scheme

Funding Amount	Administration Fee	Mediator’s Fees	Funding Party Lawyers' Fees (Max. 50% of Total Lawyers' Fees)
Up to USD 5,000	Fully covered	Up to 24 hours(*) (Up to USD 4,950)	Up to USD 1,500 per party

(*) The maximum amount of USD 5,000 to be funded by the Mediation Promotion Scheme includes the mediator’s fees and the party lawyers’ fees. The maximum amount that can be allocated to the mediator’s fees will depend on whether the parties request any funding of their lawyers’ fees.

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

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 for all cases filed per year.

WIPO Mediation Services

Procedural Assistance

When parties are involved in a copyright dispute, the WIPO Center can provide procedural assistance to them (Good Offices) in order to facilitate direct settlement between them or the submission of their dispute to WIPO Mediation, as an alternative to court litigation.

Request Good Offices 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.

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.

Invitation to WIPO Mediation

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.

For general queries arbiter.mail@wipo.int (including in Korean)

Website www.wipo.int/amc