Online WIPO Mediation and Arbitration Workshop
June 11-13, 2024, from 12:00 to 14:00 EST (18:00 to 20:00 CET)
The Workshop aims to promote the understanding of Alternative Dispute Resolution (ADR) options for the resolution of intellectual property (IP) and technology disputes. The Workshop is designed for mediators, arbitrators and IP lawyers, in-house counsel, patent and trademark attorneys, and business professionals wishing to familiarize themselves with international mediation and arbitration procedures and to receive training as neutrals or party representatives.
The Workshop will cover mediation and arbitration procedures, with particular focus on the practical case application of the WIPO Mediation, Arbitration and Expedited Arbitration Rules (including case examples), guidance on drafting effective dispute resolution clauses, and a look at ADR in the context of digital content and copyright disputes. The presentation faculty includes WIPO mediators and arbitrators, in-house and external legal counsel, and WIPO Arbitration and Mediation Center (WIPO Center) professionals, all experienced in the conduct of international ADR procedures. Ample Q&A opportunities will enable attendees to interact with the program faculty.
12:00 – 12:10 EST
I. Opening
Ignacio de Castro (Director, WIPO Arbitration and Mediation Center)
Adam Rattray (Head, Information and External Relations Section, WIPO Arbitration and Mediation Center)
12:10 – 12:40 EST
II. Overview: WIPO Arbitration and Mediation Center, including the WIPO Mediation Rules
Session Leader: Justine Ferland (Associate Legal Officer, Information and External Relations Section, WIPO Arbitration and Mediation Center)
1. Role of the WIPO Arbitration and Mediation Center
2. WIPO Mediation Rules and WIPO Mediators
12:40 – 13:40 EST
III. Intellectual Property and Technology Mediation: Conduct of a Mediation and the Role of the Different Actors
Session Leader: Russell E. Levine (Kirkland & Ellis, Chicago)
1. Mediator's Role
2. Selection and Appointment of the Mediator
3. Mediation Statements
4. Mediation Stages – Joint Sessions, Individual Caucuses, Bargaining and Negotiating
5. Concluding a Mediation
i. Reaching an agreement and recording it
ii. What to do when an agreement is not reached
13:40 – 14:00 EST
Questions and Answers
Closing
12:00 – 12:10 EST
I. WIPO Arbitration and Expedited Arbitration Rules and WIPO Arbitrators
Adam Rattray (Head, Information and External Relations Section, WIPO Arbitration and Mediation Center)
12:10 – 13:10 EST
II. The Conduct of WIPO Arbitration and Expedited Arbitration Proceedings
Session Leader: Rachael Kent (WilmerHale, Washington, DC)
1. Selection and Appointment of the Tribunal
2. Written Submissions
3. Interim Relief
4. Evidence and Intellectual Property
5. Hearings
6. Remedies, Awards, Enforcement
13:10 – 13:20 EST
Questions and Answers
13:20 – 13:50 EST
III. Intellectual Property and Technology Arbitration
Session Leader: Matthew Reed (Wilson Sonsini Goodrich & Rosati, California)
1. Special Features of Intellectual Property Disputes, in particular relating to Patent Disputes
2. Benefits and Limitations of Arbitration in Intellectual Property Disputes as Compared to Court Litigation
3. Recent Developments in International Arbitration
13:50 – 14:00 EST
Questions and Answers
14:00 EST
Closing
12:00 – 12:10 EST
I. Opening
Adam Rattray (Head, Information and External Relations Section, WIPO Arbitration and Mediation Center)
12:10 – 12:30 EST
II. Mediation and Arbitration in Practice: Case Examples
Session Leader: Justine Ferland (Associate Legal Officer, Information and External Relations Section, WIPO Arbitration and Mediation Center)
12:30 – 13:00 EST
III. WIPO ADR for Digital Content and Copyright Disputes
Session Leader: Leandro Toscano (Head, Business Development and Digital Content Disputes Section, WIPO Arbitration and Mediation Center)
13:00 – 13:10 EST
Questions and Answers
13:10 - 13:45 EST
IV. Drafting Effective Mediation and Arbitration Clauses for IP and Technology Disputes
Session Leaders:
Shelby Grubbs (Grubbs ADR, Atlanta), Justine Ferland (Associate Legal Officer, Information and External Relations Section, WIPO Arbitration and Mediation Center)
1. The Agreement to Arbitrate – What is:
- Essential?
- Needed, but not essential?
- Not essential, but nice to have?
2. WIPO Recommended Clauses and Submission Agreements; WIPO Clause Generator
13:45 – 13:55 EST
Questions and Answers
13:55 – 14:00 EST
Closing
We look forward meeting you online in June.