WIPO ADR for FRAND | New Collaborations with IP Offices
 
WIPO|ADR
WIPO ADR Highlights
SEPTEMBER 15, 2022
 
 
WIPO-USPTO Collaboration on FRAND Disputes
WIPO and the United States Patent and Trademark Office (USPTO) signed an agreement to cooperate with a view to facilitating the resolution of disputes related to standard essential patents (SEPs). WIPO Director General Daren Tang expressed that “Alternative Dispute Resolution (ADR) has time and again demonstrated its value in the efficient and timely resolution of commercial disputes. In the last few years, the WIPO Arbitration and Mediation Center has been facilitating the resolution of SEP-related disputes, and the new collaboration with the USPTO is an exciting development that will contribute to improving the efficiency of standard implementation”. He met with USPTO Director Katherine Vidal on the sidelines of the Assemblies of the Member States of WIPO, held in Geneva in July. To date, the WIPO Center has administered over 60 mediation cases concerning the determination of fair, reasonable, and non-discriminatory (FRAND) terms.
 
New ADR Collaborations with IP Offices

The WIPO Center continues to extend its collaborations with Intellectual Property and Copyright Offices to promote ADR options for resolving IP disputes. To this end, in addition to the new agreement with the USPTO, WIPO recently concluded Memoranda of Understanding with the Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC-SG), the Registry of Intellectual Property of Guatemala (RPI), and the Intellectual Property Office of New Zealand (IPONZ). The WIPO Center has also started collaborating with the National Directorate of Copyright of Argentina (DNDA).
 
Additionally, the Mexican Institute of Industrial Property (IMPI) recently joined the WIPO Mediation Pledge for IP and technology disputes, a WIPO initiative to promote mediation as an alternative to court litigation in order to reduce the impact of disputes that arise in innovation and creative processes.
 
Resolving Foreign-Related IP Disputes Pending before Courts in Shanghai through WIPO Mediation

Through the WIPO Arbitration and Mediation Shanghai Service (Shanghai Service), established in October 2019 in the China (Shanghai) Pilot Free Trade Zone, the WIPO Arbitration and Mediation Center is the first foreign arbitral institution approved by the Ministry of Justice of the People’s Republic of China to be engaged in mediation and arbitration of foreign-related IP cases in China. In July 2020, with the approval of the Supreme People’s Court of the People’s Republic of China, the Shanghai High People’s Court commenced referring foreign-related IP disputes to the Shanghai Service. In October 2021, WIPO and this Court further concluded a Memorandum of Understanding that expanded the number of courts able to refer IP cases to the Shanghai Service for mediation from two to six. So far, the Shanghai Service has received 50 cases from courts, with a settlement rate of some 40 percent.
 
Domain Name Dispute Resolution Support for .TH and .ไทย (Dot Thai) (Thailand)

The WIPO Center signed a Memorandum of Understanding with the Department of Intellectual Property (DIP) of the Ministry of Commerce of Thailand and the Thai Network Information Center Foundation (THNICF) for the provision of assistance on best practices and procedures for the protection of Intellectual Property under .TH and .ไทย (Dot Thai).
 
Online WIPO Mediation and Arbitration Workshop

The upcoming online WIPO Mediation and Arbitration Workshop will take place on November 8-10, 2022. Led by experienced WIPO mediators and arbitrators, in-house counsel, and WIPO Center representatives, the Workshop will cover the conduct of mediation and arbitration procedures for international IP and technology disputes, with particular reference to the application of the WIPO Rules. Sessions will also cover clause drafting, online case tools, and ADR for FRAND disputes. Registration for this event is free-of-charge, through this page.
 
WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Precedent and Practice

The WIPO Center is organizing its Advanced Domain Name Workshop in Geneva, Switzerland from October 12-13, 2022. The Workshop will cover UDRP case trends as well as developments in substantive and procedural issues, including taking stock of the GDPR’s impact. Using the WIPO Jurisprudential Overview 3.0 and recent WIPO decisions as principal guides, the faculty will discuss select topics relevant to party filing. Find the program, faculty bios, and registration on this page.
 
RESOURCES
WIPO ADR Resources
 
File and manage your case
 
WIPO Domain Name Resources
 
Publications
 
EVENTS
Upcoming
Recent
 
Follow WIPO on social media