WIPO Cases in 2020 | WIPO eADR for America's Cup
 
WIPO|ADR
WIPO ADR Highlights
APRIL 15, 2021
 
 
WIPO Cases in 2020: A Quick Look Back
IP ADR

The WIPO Arbitration and Mediation Center in 2020 received 77 mediation and arbitration cases in different areas of IP, up 24% from the previous year’s caseload. The WIPO Center also handled 105 Good Offices requests.

WIPO cases involved multinationals, SMEs, universities and research centers, collecting societies, and individuals primarily from Europe (34%), Asia (33%), North America (22%), and Latin America (10%). Patent and technology cases remained the most common. Disputes related to R&D agreements, patent licensing, patent standards, trademark co-existence agreements, software development and licensing, publishing and digital copyright, as well as a number of non-contractual patent and trademark infringement cases.

Parties used WIPO Online Case Administration Tools to facilitate their mediation and arbitration procedures, essential in most circumstances in light of the prevailing travel restrictions and social distancing guidance. In the period, the settlement rate in WIPO mediations increased to 78%.

Domain Name Disputes

Trademark owners in 2020 filed a record 4,204 cases under the WIPO-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) with the WIPO Center, a 14% increase over the previous year, passing the 50,000 cases mark since the start of this WIPO service.

With a greater number of people spending more time online during the COVID-19 pandemic, trademark owners are taking up this WIPO service to reinforce their online presence to offer authentic content and trusted sales outlets to Internet users across business areas. Representing 75% of WIPO’s generic Top-Level Domain (gTLD) caseload, .COM demonstrated its continuing primacy.

WIPO UDRP cases in 2020 involved parties from 127 countries, up from 122 in 2019. The U.S., with 1,359 cases filed, France (786), the U.K. (411), Switzerland (256) and Germany (235) were the top five filing countries. WIPO also offers dispute resolution services for over 75 country code Top-Level Domains, such as .CN (China), .EU (European Union) and .MX (Mexico).
 
WIPO eADR for America's Cup
On March 17, Emirates Team New Zealand secured the points it needed to win the 36th America’s Cup sailing race series, overcoming Luna Rossa Prada Pirelli’s challenge in a hard-fought final. Off the water, the America’s Cup Arbitration Panel (ACAP) conducted arbitrations arising from the full 36th series using a customized ‘eADR’ online case communication tool provided to ACAP by the WIPO Center.
 
In a letter to the WIPO Center, ACAP Chairman, Mr. David Tillet AM noted, “with the need to work in a very short time frame, the fact that the proceedings are multiparty arbitrations, and that parties thereto are in very different time zones (from New Zealand to Europe), [WIPO eADR] has been instrumental in the effective management of all America’s Cup Arbitration Panel cases to date.”
 
In WIPO mediations and arbitrations, parties increasingly take advantage of WIPO eADR and videoconferencing facilities to manage their cases online.
 
New Dispute Service for .SA (Saudi Arabia)

The WIPO Center has commenced providing domain name dispute resolution services for .SA and السعودية. (Saudi Arabia), pursuant to the .SA Rules and the .SA Procedure. The cases will be administered in Arabic and English. For more information about WIPO Domain Name Dispute Resolution Service for .SA and السعودية., please consult our webpage.
 
Collaborations on ADR with IP Offices

Noting the unprecedented circumstances of the COVID-19 pandemic, the WIPO Center and the National Institute of Copyright of Mexico (INDAUTOR) are collaborating to provide virtual conciliation meetings to resolve copyright disputes in Mexico. Also, the Intellectual Property Office of the Philippines (IPOPHL) recently upgraded its mediation service by mandating proceedings to be conducted entirely online while promoting the “WIPO Option” which is seen to be advantageous to parties involved in cross-border IP disputes.

In March, the WIPO Center and the Algerian National Institute of Industrial Property (INAPI) established a collaboration to promote ADR options for resolving IP disputes in Algeria.
Anonymized WIPO Mediation and Arbitration Case Summaries

The WIPO Center updated its series of anonymized mediation and arbitration case examples based on recent WIPO Mediations and Arbitrations in various legal and business areas. The case examples describe how proceedings under the WIPO Mediation, Arbitration and Expedited Arbitration Rules work in practice, while ensuring full confidentiality.
WIPO Center Launches WIPO ADR Young

In March, the WIPO Center launched WIPO ADR Young, a networking and training forum for young professionals in the IP and dispute resolution communities.

Become a member of WIPO ADR Young to be part of this growing group!
FRAND Disputes – WIPO Center Webinars

Disputes regarding FRAND (fair, reasonable and non-discriminatory) licensing terms have been the center of much debate as various national courts have taken novel approaches concerning the scope of their jurisdiction to determine such disputes.
 
Given the heightened interest in FRAND dispute resolution, the WIPO Center has organized two webinars on the topic including as speakers judges, representatives from ETSI and patent holders, as well as WIPO mediators and arbitrators.

The first of these webinars (a recording of which can be accessed here) discussed recent case law, including the proliferation of anti-suit injunctions, and the potential for WIPO Mediation and Arbitration to address FRAND disputes. The second webinar, scheduled for April 21, 2021, will cover similar topics but with a focus on the US; registration for the second webinar may be done here.
 
Updated .UA Dispute Resolution Policy (Ukraine)

The .UA Policy has been updated to apply to further third-level domain name registrations (in addition to existing application to .UA second-level domain name registrations, and .COM.UA third-level domain name registrations). This update will be effective as of May 6, 2021. The list of the new third-level domain name registrations is available here.
 
.CH ccTLD Webinar

The WIPO Center hosted two virtual events on March 26 presenting the main features of the .CH (Switzerland) proceedings as compared to the UDRP, and the benefits of filing a domain name case with WIPO in comparison to court litigation. Interested parties may access a recording of the Webinar in English and German.
 
WIPO ADR for Fashion Disputes in Italy

The WIPO Center collaborates with key stakeholders in Italy, including the National Chamber for Italian Fashion (CNMI) and rén collective, to facilitate the resolution of commercial and IP disputes in the fashion industry. The WIPO Center offers mediation and arbitration options to resolve such disputes without court litigation, at reduced rates for members of CNMI and rén collective. These options emphasize the expertise required in fashion disputes, as well as confidentiality, impartiality, and efficiency.
World IP Day – IP & SMEs: Taking Your Ideas to Market

Every April 26, World IP Day is an occasion to learn about the role that IP rights play in encouraging innovation and creativity. In 2021, World IP Day focuses on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive and resilient businesses. Where disputes arise, time- and cost-efficient dispute resolution is key to reduce negative impact. The WIPO Center is organizing a webinar on how SMEs can benefit from WIPO mediation and arbitration options, including practical examples.
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