Set out below are examples of mediations conducted under the WIPO Rules in IPOS proceedings. These examples have been prepared while respecting the confidentiality of WIPO proceedings.
A Singaporean construction company filed oppositions against applications for the registration of three trademarks with IPOS, alleging similarity of key components to its trademark. The trademarks in question were applied for by three commercially connected entities based in Singapore, Malaysia and Indonesia. In addition, parties had long pending cross-border commercial and IP disputes.
The parties agreed to submit all trademark oppositions to WIPO mediation in Singapore consolidated into a single mediation, and stated that the parties wished to resolve all the outstanding proceedings on a global basis.
The WIPO Center proposed a Singaporean intellectual property lawyer as mediator. A one-day mediation session took place at Maxwell Chambers in Singapore. The parties settled the trademark disputes as well as their additional commercial disputes four months after the commencement of the mediation.
A Singaporean medical service provider filed an opposition against the application for the registration of a trademark with IPOS by a Malaysian company, alleging similarity of color and features to its trademark.
The parties agreed to submit the dispute to WIPO mediation in Singapore.
The WIPO Center proposed a Singaporean intellectual property lawyer as mediator. After a day of intense negotiations, the parties reached a settlement under which the applicant agreed to file a new application on the agreed terms.
A Chinese exporting company filed an application for the invalidation of a trademark registered by a Singaporean distributor of consumer products.
The parties agreed to submit the dispute to WIPO mediation in Singapore.
As requested by the parties, the WIPO Center appointed a Singaporean intellectual property lawyer fluent in Chinese. Following a one-day mediation session at the mediator’s law office, the parties reached a settlement under which the applicant agreed to withdraw the application for invalidation. The duration of the mediation was three and a half months.
In the context of trademark opposition and invalidation proceedings before IPOS, the parties, a Thai individual and a US company, submitted their dispute to WIPO Mediation.
A one-day mediation session took place in Singapore and, with the assistance of the mediator, the parties concluded a settlement agreement at the end of the mediation session. Through the mediation, the parties were able to settle their cross-border trademark disputes within four months of the commencement of the mediation. In addition, the parties could benefit from funding under the IPOS EMPS which subsidized the WIPO Center’s administration fee, the mediator’s fees and expenses, and the parties’ lawyers’ fees and expenses.
A more detailed summary of this case can be found here.
In the context of trademark opposition proceedings before IPOS, the parties, two Singaporean companies, submitted their dispute to WIPO Mediation.
The mediation was conducted entirely online, using the WIPO Center’s complimentary video-conferencing facilities. Although the dispute had been ongoing for a number of years, the parties were able to reach a settlement agreement after a two-day mediation session within two months of submitting the dispute to WIPO Mediation.
In the context of a number of invalidation proceedings before IPOS, the parties, a Malaysian company and a Singaporean company, submitted their dispute to WIPO Mediation.
The mediator conducted the mediation in two languages, using the WIPO Center’s complimentary video-conferencing facilities. After a one-day mediation session, the parties were able to settle their dispute and signed a settlement agreement within just three weeks of submitting the dispute to WIPO Mediation.
In this case, the parties benefited from funding under IPOS EMPS to subsidize the parties’ lawyers’ fees and expenses.
A more detailed summary of this case can be found here.
In the context of trademark opposition proceedings before IPOS, the parties, a Singapore company and an Australian company, submitted their dispute to WIPO Mediation. The parties were involved in similar trademark opposition proceedings in Australia, Indonesia, Malaysia, the European Union and the United States of America.
The mediator conducted the mediation online, using the WIPO Center’s complimentary video-conferencing facilities. After the mediation session, the parties were able to significantly progress in their negotiations and reached a global settlement of the dispute.
In this case, the parties benefited from funding under IPOS EMPS to subsidize the parties’ lawyers’ fees and expenses.
A more detailed summary of this case can be found here.
More detailed mediation case examples under IPOS Enhanced Mediation Promotion Scheme (EMPS) can be consulted here.
In these cases, parties have agreed to named publicity, as a condition of funding under IPOS EMPS.
WIPO Arbitration and Mediation Center (Geneva)
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1211 Geneva 20
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T +4122 338 8247
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WIPO Arbitration and Mediation Center (Singapore)
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Singapore 069120
T +65 6225 2129
F +65 6225 3568