Addressing Intellectual Property Infringement
Intellectual property (IP) rights — including trademarks, copyrights, industrial designs, patents, geographical indications, and trade secrets — are essential assets for businesses and individuals. They protect innovation, technology, brands, and creative expression. However, merely possessing IP rights does not prevent infringement. Effective enforcement is therefore essential to stop unauthorized use, prevent further violations, and address the harm caused by such conduct.
The World Intellectual Property Organization (WIPO), through the Building Respect for IP (BRIP) Division and the Arbitration and Mediation Center (WIPO AMC), provides practical and accessible mechanisms for rights holders to address alleged infringements and to explore opportunities for amicable resolution.
Step 1 – Notice of Unauthorized Use of Intellectual Property Rights
The Notice of Unauthorized Use of Intellectual Property Rights is free to access, and its purpose is to inform and provide an opportunity to the other party to cease the alleged unauthorized use of your IP rights.
The Notice may be completed using the online form below and downloaded for transmission to the other party electronically or by any other appropriate means.
It is important to note that WIPO does not:
- Assess the merits of the allegations;
- Send such notices to any party;
- Have the authority to compel any party to stop any alleged IP infringement;
- Represent any party to a dispute; or
- Provide legal advice in relation to any dispute.
It is the responsibility of any right holder wishing to use the Notice of Unauthorized Use to ensure that it complies with any requirements of applicable national law, or to adapt it accordingly to ensure compliance with applicable national law. WIPO shall not be held liable in any way for the use of this notice, modified or not, by the right holder.
Generate Notice of Unauthorized Use of Intellectual Property Rights
The other party is under no obligation to reply or to participate in any subsequent procedure. However, if the other party does not engage or reply within the time period specified in your Notice, and you are interested in exploring amicable solutions, you may submit an invitation to consider mediation. In such circumstances, the WIPO AMC remains available to provide procedural guidance on mediation.
Step 2 – Mediation
Mediation is a voluntary and flexible dispute resolution process facilitated by a neutral third party (the mediator).
Mediation may be used to:
- Resolve disputes without resorting to litigation;
- Engage in discussions to negotiate a license for the use of the content;
- Seek alternative solutions that address the concerns of the parties.
A rights holder may invite the other party to consider mediation in the case of an IP infringement. This invitation serves as a request for voluntary participation in the mediation process; however, it does not oblige the other party to participate.
It is important to note that mediation is consensual; if the other party does not agree, the procedure cannot proceed.
The WIPO AMC provides an invitation-to-mediation service that may be sent to the other party through the below online form. This invitation is not subject to administrative fees or other costs. If both parties agree to engage in mediation, administration and mediator fees will apply, based on the specifics of the case. For more information, you may contact adr.info@wipo.int.