WIPO Mediation for Intellectual Property Disputes Pending Before the 3rd Chamber of the Paris Judicial Court
Since 2023, the WIPO Arbitration and Mediation Center (“WIPO Center”) has been collaborating with the 3rd Chamber of the Paris Judicial Court to facilitate the referral of pending national and international IP cases to WIPO Mediation. As part of this collaboration, the WIPO Center regularly administers court orders to meet with a mediator (injonctions de rencontrer un médiateur), judicial (court-ordered) mediations, and conventional (out-of-court) mediations.
Cases referred to the WIPO Center by the 3rd Chamber of the Paris Judicial Court
To date, the WIPO Center has administered some twenty cases under its collaboration with the 3rd chamber of the Paris Judicial Court.
The disputes covered a wide range of IP-related areas, including trademarks, patents, copyright and digital content, industrial designs, unfair competition and technology.
Concerned sectors of activity included information and communication technologies, arts and media, retail, the industrial sector, food and beverages, fashion, cosmetics, mechanical equipment, energy, construction and architecture.
The parties involved in these disputes were domiciled in 12 countries in Europe, Asia and North America. When necessary, they benefitted from bilingual mediation services, in French and either English, Arabic, Spanish, Italian or Chinese.
The types of parties involved included SMEs and startups, large-sized companies, artists, NGOs, telecommunications companies, broadcasters, collective management societies, manufacturers and distributors.
Concerned sectors of activity included information and communication technologies, arts and media, retail, the industrial sector, food and beverages, fashion, cosmetics, mechanical equipment, energy, construction and architecture.
The parties involved in these disputes were domiciled in 12 countries in Europe, Asia and North America. When necessary, they benefitted from bilingual mediation services, in French and either English, Arabic, Spanish, Italian or Chinese.
The types of parties involved included SMEs and startups, large-sized companies, artists, NGOs, telecommunications companies, broadcasters, collective management societies, manufacturers and distributors.
Types of proceedings referred to the WIPO Center by the 3rd Chamber of the Paris Judicial Court
The WIPO Center administers three types of procedures: orders to meet with a mediator, judicial (court-ordered) mediations, and conventional (out-of-court) mediations.
The order to meet with a mediator, governed by Articles 1533 et seq. of the Code of Civil Procedure, is a tool available to the judge to raise the parties’ awareness of mediation. When the parties do not spontaneously consent to mediation, the judge may order them to meet with a mediator within a specified timeframe to receive information about the purpose, process, and benefits of mediation. This meeting does not oblige the parties to enter into mediation, but it allows them to understand this option and make an informed decision about whether to attempt mediation before continuing with the legal proceedings.
Some characteristics of the order to meet with a mediator are:
Some characteristics of the order to meet with a mediator are:
- A representative from each party having decision-making authority must participate (lawyers may accompany their clients, but not participate in the meeting on their behalf);
- The meeting can be held in person or via videoconference;
- The meeting is free.
At the end of the meeting, the parties may choose to:
- immediately enter into conventional mediation;
- ask the judge to order a judicial mediation; or
- in the absence of consent to mediation, continue the legal proceedings.
This meeting can also sometimes lead the parties to engage in direct negotiations, without resorting to mediation.
Judicial mediation is governed by Articles 1534 et seq. of the Code of Civil Procedure. It takes place within the framework of a pending litigation case and is ordered by the judge, with the parties’ agreement. It can take place at any time during the proceedings.
In practice, in judicial mediations administered by the WIPO Center:
In practice, in judicial mediations administered by the WIPO Center:
- The WIPO Center administers the judicial mediation in accordance with Articles 1534 et seq. of the Code of Civil Procedure. For any aspect not covered by these articles or supplementing them, the WIPO Center refers to the WIPO Mediation Rules, unless otherwise decided by the court or the parties;
- The mediator is appointed by the judge, who generally consults the WIPO Center beforehand to obtain a list of mediator candidates meeting the needs of the case (expertise, spoken languages, etc.);
- The duration of the mediation is set by the judge and cannot exceed five months, with the possibility of a single three-month renewal at the mediator’s request.
Conventional mediation is governed by Articles 1536 et seq. of the Code of Civil Procedure. It is initiated by the parties, either by application of a mediation clause in a contract, or by mutual agreement once a dispute has arisen (whether or not such dispute is already pending before the court).
Conventional mediation administered by the WIPO Center is governed by the WIPO Mediation Rules. These rules may be modified by agreement of the parties.
Conventional mediation administered by the WIPO Center is governed by the WIPO Mediation Rules. These rules may be modified by agreement of the parties.
The role of the WIPO Center
Under its collaboration with the 3rd chamber of the Paris Judicial Court, the WIPO Center provides services tailored to the court’s and the parties’ needs in each case.
The WIPO Center’s services may include:
- free procedural advice to parties on submitting disputes pending before the 3rd chamber of the Paris Judicial Court to mediation;
- provision of model mediation clauses and submission agreements;
- assistance to parties and/or the court in the choice and appointment of the mediator;
- administration of cases under the WIPO Mediation Rules (for conventional mediations) or procedures adapted to the French Code of Civil Procedure (for judicial mediations);
- management of the financial aspects of mediation (negotiating mediator fees for conventional mediations, collecting deposits, accounting, invoicing);
- communication support and assistance with the organization of mediation meetings;
- provision of online case administration tools, including an online docket and videoconferencing solutions, enabling the procedure to be conducted partly or entirely remotely if the parties wish.
WIPO Mediation Rules and Mediators
The WIPO Mediation Rules are suitable for all commercial disputes. They also include provisions tailored to the specific needs of IP and technology disputes, particularly on confidentiality. They can be adapted as needed to comply with the applicable national law, including in judicial mediations.
The parties and the court benefit from a growing database of nearly 1,500 independent WIPO mediators from over 100 jurisdictions, covering all areas of IP. Upon request, the WIPO Center assists in identifying mediator candidates (French or international) who meet the needs of the court, the parties, and the case, including in terms of expertise and language proficiency.
The parties and the court benefit from a growing database of nearly 1,500 independent WIPO mediators from over 100 jurisdictions, covering all areas of IP. Upon request, the WIPO Center assists in identifying mediator candidates (French or international) who meet the needs of the court, the parties, and the case, including in terms of expertise and language proficiency.
How to submit a dispute pending before the 3rd chamber of the Paris Judicial Court to WIPO Mediation?
Parties wishing to learn more about WIPO Mediation before taking a decision may contact the WIPO Center by email or by phone at +41 22 338 8247 to receive free information and/or procedural advice.
If both parties do not spontaneously agree to mediation, one party may, in accordance with Article 4 of the WIPO Mediation Rules, invite the other party to submit the dispute to WIPO Mediation by completing the Unilateral Request for WIPO Mediation form (available online on the WIPO IP Portal, or by returning the following form to arbiter.mail@wipo.int). The WIPO Center will then assist the parties in considering the request, free of charge.
It should be noted that mediation may only start if all parties consent.
If both parties do not spontaneously agree to mediation, one party may, in accordance with Article 4 of the WIPO Mediation Rules, invite the other party to submit the dispute to WIPO Mediation by completing the Unilateral Request for WIPO Mediation form (available online on the WIPO IP Portal, or by returning the following form to arbiter.mail@wipo.int). The WIPO Center will then assist the parties in considering the request, free of charge.
It should be noted that mediation may only start if all parties consent.
Parties interested in entering into conventional mediation may either:
- complete and sign the Request for WIPO Mediation form (online on the WIPO IP Portal, or by returning the following form to arbiter.mail@wipo.int) ; or
- contact the WIPO Center directly at arbiter.mail@wipo.int if they already have a mediation agreement.
To facilitate agreement between the parties, the WIPO Center makes available model mediation submission agreements for existing disputes in several languages. The parties are also free to draft a more detailed submission agreement.
Parties wishing to enter into judicial mediation must inform the judge, who will then contact the WIPO Center.
Parties wishing to enter into judicial mediation must inform the judge, who will then contact the WIPO Center.
How much does WIPO Mediation cost?
The order to meet with a mediator is free of charge.
In the judicial mediation order, the judge sets the deposit to be paid to the mediator, as close as possible to the expected remuneration. An additional deposit may be agreed between the mediator and the parties during the proceedings. The mediator’s remuneration is determined at the end of the mediation by agreement with the parties or, failing that, by the judge.
No WIPO Administration Fee applies in judicial mediations.
No WIPO Administration Fee applies in judicial mediations.
Unless otherwise agreed between the parties and the mediator, the fees applicable to a conventional mediation are those set out in the Schedule of Fees and Costs for WIPO Mediation.