The World Intellectual Property Organization (WIPO) is the global forum for IP services, policy, information and cooperation. Among many activities, WIPO successfully provides companies, universities and research and development (R&D) centers with an efficient route for protecting inventions, trademarks and designs across borders. By signing the WIPO Mediation Pledge offered by the WIPO Arbitration and Mediation Center, users of the PCT, Madrid, and Hague systems as well as all other IP stakeholders can contribute to time- and cost-efficient resolution of IP and technology disputes.

Mediation

As an alternative to court litigation, mediation is an informal consensual process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests. Mediation is appropriate for most IP and technology disputes, particularly between parties from different jurisdictions, and empowers the parties by enhancing their control over the dispute process and outcome. If well managed, mediation can save considerable time and cost. In addition, mediation’s consensual nature often allows parties to enhance their business relationship.

Why Mediation for IP Disputes?

• Party autonomy
• Neutrality
• Time and cost
• Creative solutions
• Mediator’s expertise
• Preservation of business relations
• Confidentiality

WIPO Cases

An extensive survey undertaken by the WIPO Center shows time and cost as parties’ principal concerns in IP disputes. The mediation cases submitted to WIPO have shown the tangible benefits of mediation in practice.

WIPO Mediation Pledge

Signing the WIPO Mediation Pledge shows willingness to consider mediation in IP and technology disputes. Broad adherence to the Pledge promotes two shared goals:

• Increased consideration of the inclusion of mediation clauses in contracts
• Increased consideration of using mediation in the absence of such clauses (e.g., for non-contractual disputes)

The WIPO Mediation Pledge creates positive conditions for IP dispute resolution but:

• The Pledge is not a binding commitment and does not create legally enforceable rights or obligations
• Mediation may not be suitable to every dispute and in any event does not limit a party’s other dispute resolution options, including court litigation