WIPO ADR for Artificial Intelligence (AI) Disputes
In a rapidly evolving landscape driven by Artificial Intelligence (AI) technologies, IP-related disputes are becoming more common. As AI, including Generative AI, increasingly integrates into diverse industries, questions regarding the ownership, licensing, and infringement of AI-generated content and innovations arise. WIPO Alternative Dispute Resolution (ADR) Services offer a structured framework to address these AI-related disputes, providing a compelling alternative to traditional court litigation.
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Understanding AI Disputes through WIPO case examples
A dispute between an online music dataset provider and an online platform over the unauthorized use of the dataset for training the platform's AI tool. The dataset owner alleges that their copyrighted content was used without permission or awareness for commercial purposes, infringing copyright.
A dispute over the incorporation of a book into a Generative AI platform and the subsequent claim that the resulting output was an original creation.
A dispute arose between an AI-generated music technology company and an online service provider relating to IP infringement (including copyright, trade secrets and patents). The AI technology company alleged that the online provider unlawfully reverse-engineered and commercially exploited its AI-generated music technology without authorization. Following an invitation to mediate and direct communications between the parties facilitated by the WIPO AMC, the parties agreed to the removal of the infringing content and the matter was resolved within two weeks.
Key Areas of Dispute
- AI-generated content ownership
- collaboration contracts
- copyright (e.g., ownership, licensing, or infringement of AI-generated content)
- data privacy and security
- Information and communication technology (ICT)
- IP infringement
- IP licensing
- know-how
- licensing agreements
- life sciences
- patents, including SEPs
- service agreements
- R&D and technology transfer
- trade secrets
- trademarks
Potential Parties to AI-related Disputes
- academics
- AI service providers
- artists
- Collective Management Organizations (CMOs)
- consumers
- creators
- data providers
- developers and innovators
- end users
- government agencies (regulatory bodies)
- interpreters
- media organizations
- online platforms (including online content-sharing service providers)
- publishers
- researchers
- software developers
- start-up companies
- video game developers and publishers
Administration of AI-related Disputes
The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for AI-related disputes. The WIPO Rules are designed for disputes related to both intellectual property and technology. All WIPO Rules have confidentiality provisions, including provisions for trade secrets.
The WIPO Center provides guidance on the appropriate ADR procedures, namely on the WIPO Rules, applicable fees, use of ADR clauses, and related administrative services (for example, by providing administration tools, video conferencing, and document management).
In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
The WIPO Center provides guidance on the appropriate ADR procedures, namely on the WIPO Rules, applicable fees, use of ADR clauses, and related administrative services (for example, by providing administration tools, video conferencing, and document management).
In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
WIPO Open-ended List of Experts
Effective ADR proceedings depend on the quality of the mediator, arbitrator, or expert. The WIPO Center maintains a global list of experts, including in the field of IP and AI. This enables parties to select professionals with the requisite technical knowledge. In cases conducted under the WIPO Rules, parties retain the flexibility to appoint experts from this list or from outside it.
Procedural Guidance and Training
The WIPO Center makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to ADR. Upon request, the WIPO Center provides procedural guidance, aids in drafting ADR clauses in AI-related contracts and assists parties in bringing cases to WIPO ADR. The WIPO Center also organizes training and workshops on mediation, arbitration, and related topics.
Collaborative approach
The WIPO Center collaborates with stakeholders in the AI industry through initiatives such as WIPO's Intellectual Property and Frontier Technologies to develop effective ADR procedures that prioritize efficient dispute resolution while preserving business relationships. Open to cooperation with interested parties, WIPO continually enhances its services to meet the evolving needs of AI stakeholders.
Contact Us
WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 370
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568
For additional information arbiter.mail@wipo.int