WIPO ADR Highlights 2024
WIPO Out-of-Court IP Dispute Resolution Services Continue to Grow
In 2024, the WIPO Arbitration and Mediation Center (WIPO AMC) was involved in the resolution of 858 intellectual property (IP), innovation, and technology disputes, marking an increase of 25% from 2023.
These disputes were referred to WIPO Mediation, Arbitration, Expedited Arbitration, Expert Determination, and Good Offices (WIPO ADR Rules), as well as co-administration schemes with national IP and Copyright Offices and Courts. Disputes involved parties from Africa, Asia, Europe, Latin America and the Caribbean, North America, and Oceania. Procedures were conducted in Chinese, English, French, Korean, and Spanish.
IP areas involved in disputes mainly included copyright and digital content (77%), and trademarks (16%), followed by patents and commercial IP. In the last five years, the AMC has observed an increase of +700% in the number of copyright and digital content disputes submitted to the AMC (including disputes filed by users and right holders against online platforms and search engines). The use of online case administration tools, such as WIPO’s eADR platform and videoconferencing systems, continued to rise in 2024.
Cases Administered under the WIPO ADR Rules
In 2024, 287 disputes were referred to procedures under the WIPO ADR Rules covering a wide spectrum of IP areas, including copyright and digital content (48%), trademarks (29%), and patents (10%).
The main business sectors involved in disputes included creative industries (collective management, video games and esports, entertainment, software). Other sectors involved were information and communication technology (SEP/FRAND, telecommunications), life sciences (biotechnology and pharmaceuticals), fashion (luxury goods), and R&D/green technology. In particular, in 2024 WIPO Deal Mediation was successfully used to facilitate the licensing of large telecom patent portfolios involving SEP holders and implementers from Asia and Europe.
In 2024, the Intellectual Property Office of Singapore (IPOS) supported the WIPO-Singapore ASEAN Mediation Programme (AMP) to faciliate IP mediation in ASEAN.
SMEs, including startups, creators, and innovators, accounted for 50% of the parties in dispute. This was followed by large-sized companies (37%), and other entities such as collective management organizations, universities, and R&D centers.
WIPO ADR Services for National Courts
The WIPO AMC administers cases referred to WIPO Mediation by national courts. Mediation may present a suitable opportunity for cases pending before national courts where the parties are willing to explore settlement or need the assistance of an expert in a technical or scientific matter. For this purpose, the WIPO AMC collaborates with several national courts, in particular in China, France, and Tanzania.
Notably, in 2024 the WIPO Shanghai Service administered 48 mediations, reflecting a 30% increase compared to 2023. These international IP cases were referred by the High People’s Courts in Shanghai, Fujian, Hainan, Guangdong, Chongqing, and Sichuan, with the latter two collaborations commencing in 2024.
The WIPO AMC also concluded collaboration agreements with the Specialized Court on Intellectual Property of the Federal Tribunal of Administrative Justice of Mexico and with the Qatar International Court and Dispute Resolution Center (QICDRC) to promote ADR for IP disputes.
WIPO ADR Co-administration Program with IP and Copyright Offices
In 2024, the WIPO AMC supported the resolution of 559 disputes under the WIPO ADR Co-administration Program with IP and Copyright Offices (an increase of 53% compared with 2023).
Disputes were related to copyright and digital content (90%) and trademarks (10%), and included as parties SMEs, creators and entrepreneurs (56%), collective management organizations (31%), and large-sized companies (9%), among others.
The WIPO AMC has expanded its Co-administration Program with IP and Copyright Offices in response to increased interest from Member States. Following successful collaborations in recent years with the National Institute of Copyright of Mexico (INDAUTOR) and the National Directorate of Copyright of Colombia (DNDA), in 2024 the AMC supported in building ADR capacity the National Copyright Office of the Dominican Republic (ONDA), the Registry of Intellectual Property of Guatemala (RPI), the Kenya Copyright Board (KECOBO), the Business and Intellectual Property Authority of Namibia (BIPA), the National Directorate of Intellectual Property of Paraguay (DINAPI) and the National Institute for the Defense of Competition and Protection of Intellectual Property of Peru (INDECOPI). This support included providing technical tools such as e-filing, tracking, and online hearing platforms to administer cases.
The WIPO Co-administration Program is supported by the Funds-in-Trust established with the Ministry of Culture, Sports, and Tourism (MCST) of the Republic of Korea, which promotes ADR for copyright disputes.
Collaboration with Member State IP and Copyright Offices
In 2024, the WIPO AMC also increased its collaborations with Member State IP and Copyright Offices, participating in various initiatives related to ADR for IP and technology disputes. New collaborations were established with the African Regional Intellectual Property Organization (ARIPO), the Austrian Patent Office, the Belize Intellectual Property Office (BELIPO), Ministry of Culture of Brazil, the Intellectual Property Office of Ireland (IPOI), the Department of Intellectual Property (DIP) of Lao People’s Democratic Republic, the Autonomous Service of Intellectual Property of Venezuela (SAPI), and the Canadian Intellectual Property Office (CIPO, focusing on ADR related to standard essential patents (SEPs)). Overall, the WIPO AMC now works with some 90 national entities.
WIPO Domain Name Case Filings Remain Strong in 2024
In 2024, the WIPO AMC administered 6,168 domain name cases filed by trademark owners, marking the second-busiest year since the start of this WIPO service 25 years ago. This result demonstrates the continued relevance and effectiveness of the Uniform Domain Name Dispute Resolution Policy (UDRP) in addressing cybersquatting and fraudulent activities involving domain names (e.g., phishing or fake invoices).
WIPO UDRP cases in 2024 involved parties from 133 countries, with parties from the United States leading the way with 2,157 cases filed, followed by France (1,324), the United Kingdom (422), Switzerland (281), and Sweden (205). Cases filed covered numerous industries, with banking and finance, biotechnology and pharmaceuticals, Internet and IT, and retail sectors being the most represented.
In 2024 the WIPO AMC’s dispute resolution services for country code Top-Level Domains (ccTLDs) continued to expand. The WIPO AMC began accepting cases for the .AD (Andorra), .CV (Cabo Verde), .LV (Latvia) and .RW (Rwanda) ccTLDs, and now provides dispute resolution services to over 85 ccTLDs.
WIPO ADR Outreach Activities
In 2024, the WIPO AMC engaged in a wide variety of outreach initiatives, participating in over 100 events, both virtual and in-person, with more than 12,000 registrants from over 135 countries.
The year’s activities included several workshops and training sessions on mediation and arbitration, with events focused on ADR for areas such as digital copyright and content, artificial intelligence (AI), FRAND, life sciences, video games and esports, and more.
WIPO’s online presence saw considerable growth, with the WIPO AMC LinkedIn page now surpassing 22,500 followers. The ADR Highlights Newsletter now has over 8,500 subscribers, the WIPOD Arbitration and Mediation Matters podcast has been streamed over 4,800 times, while the WIPO ADR Young has grown to more than 1,700 members from all regions.