Mediation and Arbitration for Copyright Disputes in Romania

ORDA-WIPO Collaboration

A framework for collaboration between the Romanian Copyright Office (ORDA) and the World Intellectual Property Organization (WIPO) has been established upon the signing of a Memorandum of Understanding (MOU) in April 2018. Under the MOU, ORDA and the WIPO Arbitration and Mediation Center collaborate to raise awareness of alternative dispute resolution (ADR) options to court litigation to resolve copyright disputes in Romania.

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What types of disputes can be resolved through WIPO ADR?

Parties can refer most contractual and non-contractual commercial disputes to WIPO ADR procedures.

For example, copyright contractual disputes may arise in licensing agreements, content distribution agreements, broadcasting agreements, software-related agreements, among others. Non-contractual disputes may be related to copyright infringement.

WIPO-ORDA List of Mediators and Arbitrators

Effective proceedings to a large extent depend on the quality of the mediator or arbitrator. The WIPO Center and ORDA have established a dedicated list of mediators and arbitrators specialized in copyright based in Romania. They can be appointed in WIPO mediations and arbitrations but parties are also free to select mediators from outside the WIPO-ORDA List.

What is Mediation?

Mediation is an informal process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties' respective business interests. The mediator cannot impose a decision. The settlement agreement has force of contract.

ORDA supports the WIPO Mediation Pledge, a WIPO initiative to promote the use of mediation for IP and technology disputes.

How to refer a dispute to WIPO Mediation?

a) In the absence of a mediation agreement, a party that wishes to propose submitting a dispute to mediation (Unilateral Request) shall:

ii. Send the Request to the WIPO Center by email to arbiter.mail@wipo.int, and to the other party.

iii. Upon receipt of the Request, the WIPO Center would be available to provide information on the WIPO Mediation process to the other party. Should the other party be interested in participating in the WIPO Mediation process, such party shall sign and send the Request to the WIPO Center by email to arbiter.mail@wipo.int.

b) If both parties agree to refer a dispute to WIPO Mediation (Mediation Agreement), the parties shall:

Appointment of the mediator and mediation procedure

The parties may agree in relation to the appointment of the mediator. Otherwise, the appointment shall take place in accordance with Article 7 of the WIPO Mediation Rules. The WIPO Center maintains a list of copyright specialized mediators from Romania. The WIPO Center will confirm the mediator’s impartiality and independence before appointment (Article 8 of the WIPO Mediation Rules).

The mediation shall be conducted in the manner agreed by the parties (Article 10 of the WIPO Mediation Rules). If, and to the extent that, the parties have not made such agreement, the mediator shall, in accordance with these Rules, determine the manner in which the mediation shall be conducted. Mediation meetings may take place in person or remotely, via teleconferencing or videoconferencing facilities, at the parties’ choice. The mediation will be confidential (Articles 15 to 18 of the WIPO Mediation Rules).

How much does WIPO Mediation cost?

Reduced administration and mediator’s fees apply in light of the ORDA-WIPO collaboration.

WIPO's Administrative Fee	Mediator's Fees
50 Euros per party*	100 Euros per party (includes 4 hours of preparation and mediation) Additional hours: 50 Euros per hour per party

* To be paid after all parties agree to refer the dispute to WIPO Mediation. The filing of a unilateral Request for Mediation in accordance with Article 4 of the WIPO Mediation Rules is not subject to administration fees. If the parties agree to continue with the mediation process, the administration fee required by the WIPO Center's Schedule of Fees and Costs will be applicable.

Payment Details Information

1. Payments to the WIPO Center shall be made by any of the following means only:

Bank transfer: Payments in Euro – WIPO Account IBAN CH3304835048708082003, Credit Suisse, CH-1211 Geneva 70, Switzerland, SWIFT Code CRESCHZZ80A.

3. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the Center shall be the responsibility of the party making the payment.

What other WIPO ADR options are available for IP and technology disputes?

Arbitration and expedited arbitration

A procedure in which the parties submit their dispute to one or more arbitrators, for a binding and final decision (award).

Expert determination

A procedure in which the parties submit a specific matter (e.g., technical question, valuation of IP assets, establishment of royalty rates) to one or more experts who make a determination on the matter.