WIPO Alternative Dispute Resolution (ADR) for Life Sciences
The WIPO Center provides dispute resolution advice and case administration services to facilitate contract negotiations between parties or to help parties resolve disputes in the area of life sciences.
Life Sciences Disputes
Fifteen per cent of arbitration and mediation cases filed with the WIPO Center relate to life sciences. Disputes in the area of life sciences can concern a wide range of issues faced by pharmaceutical, biosciences, medical devices and chemical industries as well as biodiversity-related issues. Highly specific subject matter may be of contractual or non-contractual nature involving, for example, patents, designs, trademarks, know-how or licensing. Disputes are often international and can relate to IP and general commercial matters.
As time- and cost-efficient alternatives to court litigation, alternative dispute resolution (ADR) mechanisms such as mediation, arbitration, or Dispute Resolution Boards, offer parties and their lawyers the opportunity to adopt practical and satisfactory solutions. ADR allows parties to choose a mediator, arbitrator or expert knowledgeable in the specific legal field, life science sector, IP and dispute resolution. It provides a neutral forum for resolving disputes through a procedure that can take into account parties’ business, research and other strategic goals.
WIPO Mediation, conducted by an experienced mediator appointed from the open-ended WIPO List of Experts Specialized in Life Sciences, may facilitate:
contract negotiation; this may be particularly useful to help bridge the parties’ respective experience or where parties wish to ensure the protection of confidential information and know-how; and
managing disputes once a contract has been concluded by the parties.
These mediation procedures are available to parties through the following model submission agreement and contract clause:
A WIPO Dispute Resolution Board (“DRB”) is a standing board of members who are kept informed of the project development and whose role is to assist parties with managing minor and more significant disputes as they arise. The WIPO DRB procedure is a procedure designed to manage long-term collaborations.
Key features and benefits of a DRB are as follows:
Efficiency: DRBs save time as their knowledge of the project allows them to act quickly in resolving disputes as “reading-in” time is significantly reduced.
Appointment and composition: DRB members would be appointed at the start of the contract. DRB members may include:
the WIPO mediator who facilitated the contract negotiation
the WIPO expert who reviewed confidential information during the pre-contract stage
any other WIPO expert
members of a Joint Steering Committee, or any similar committee, established by the parties
Powers: the parties may agree whether the DRB issues binding or non-binding determinations.
Fees: the fees of the DRB members would be fixed by the WIPO Center in consultation with the parties and the DRB members. In addition, parties may choose to pay the DRB members a monthly retainer in consideration for remaining informed of the project’s development and for retaining their impartiality throughout the duration of the project.
These procedures may be used in conjunction with WIPO Arbitration / Expedited Arbitration where parties cannot reach a mediation agreement or wish to enforce or challenge a DRB determination. Parties may choose whether arbitration may only commence (1) within a specified period of the DRB issuing its determination or (2) at the termination of the contract.
WIPO Arbitrators would be appointed from the open-ended WIPO List of Experts Specialized in Life Sciences. If parties used WIPO Mediation or WIPO DRB to facilitate contract negotiation or to resolve disputes, the parties may be able to use their experience of the WIPO Mediation or WIPO DRB process to narrow the scope of the arbitration.
DRB procedures are available to parties through the following model contract clauses:
Effective proceedings to a large extent depend on the quality of the mediator, arbitrator or expert. The WIPO Center maintains an international open-ended List of Experts, including mediators, arbitrators and experts from around the world combining legal, business and/or scientific expertise in life sciences. They can be appointed by parties in cases under WIPO Rules but parties are also free to select mediators, arbitrators or experts from outside the WIPO List of Experts.
To optimize dispute resolution in the life sciences sector, the WIPO Center collaborates with relevant stakeholders and organizations. This may include organization of joint events and training, and establishment of adapted ADR frameworks, and involves for example the following:
WIPO Mediation und Schiedsgerichtsbarkeit für den Grünen Bereich, by Judith Schallnau / Joachim Feldges, GRUR Int, Gewerblicher Rechtsschutz und Urheberrecht Internationaler Teil, 1/2017, pp. 21-33, 2017
Resolving Life Sciences Disputes Through WIPO Mediation and Arbitration - Overview, Cases, and Contract Clauses, by Judith Schallnau, Life Science Recht, Law journal for pharma, biotech, and medtech, 1/2018, p.12-22
