WIPO Expert Determination for Tariff Scheme Disputes

The WIPO Arbitration and Mediation Center (WIPO AMC) offers a dedicated expert determination service, where an independent WIPO-appointed expert can issue a determination related to tariff scheme disputes involving collective management organizations (CMO) and the users of their repertoire, within a predictable timeframe and at an appropriate cost. The service operates under the WIPO Expert Determination Rules as adapted by the Tariff Scheme Dispute Resolution Protocol.

What are Tariff Scheme Disputes?
Tariff scheme disputes concern the establishment, interpretation, application, or reasonableness of a tariff scheme, including the calculation of royalties payable by users.

Such disputes arise when a CMO and a user, such as a hotel, restaurant, bar, broadcaster, educational establishment, or online platform, cannot agree on a suitable tariff or disagree on existing tariffs. These disputes may concern:

  • Whether the tariff rate is reasonable in relation to the use made
  • How the tariff applies to a particular user, category of use, or type of venue
  • The correct calculation of royalties due under an existing tariff
  • The interpretation of tariff terms, conditions, or definitions
  • The establishment of a new tariff where none exists for a particular category of use
These are technical, fact-specific disputes that can benefit from an expert with deep knowledge of copyright licensing and rate-setting practice, rather than a generalist court or arbitral tribunal.

WIPO Tariff Scheme Dispute Resolution Protocol

The WIPO AMC offers a tailored expert determination procedure under the WIPO Tariff Scheme Dispute Resolution Protocol. Under this time- and cost-effective procedure, a WIPO-appointed expert specialized in copyright collective management and tariff rate-setting reviews the parties’ submissions and issues a determination.

The determination is binding by default, has contractual effect, and may be submitted to a competent court for enforcement in the event of non-compliance by a party. Parties may also agree that the determination will be non-binding.

The expert is appointed by WIPO and acts in an independent personal capacity. The determination is issued by the expert, not by WIPO. WIPO's role is limited to administration and appointment. Neither party may represent the determination as a decision of WIPO.

How it works: Step by Step

  • CMO or user files a request

Using the online WIPO filing form, the CMO or the user files a request describing the tariff scheme in dispute, identifies the Responding Party, and invites them to participate.

No administration fee is charged at this stage.

  • Responding Party accepts or declines

Within 10 calendar days, the Responding Party accepts or declines the Request. If they decline, the procedure ends with no costs to either party.

  • WIPO appoints the expert

If the Responding Party accepts, in consultation with the parties, the WIPO AMC appoints a qualified expert from its Panel of Neutrals with expertise in copyright collective management and tariff rate-setting.

  • Parties submit their positions

Each party submits written statements with supporting evidence on the tariff question, to the expert and the WIPO AMC.

  • Expert issues a determination

Within 30 days from appointment, the expert delivers a written determination, stating the reasons on which it is based.

  • Determination is implemented or enforced

The determination is binding, unless the parties agree otherwise, and has contractual effect between the parties. If a party does not comply, the other party may seek enforcement before the competent court.

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