Have you considered WIPO Mediation for your IP disputes?
Intellectual property (IP) is a key component of today's economy, and its efficient exploitation is of growing importance to successful businesses. However, disputes can interfere with IP rights and innovation processes.
The WIPO Arbitration and Mediation Center offers mediation services as an alternative to court litigation to reduce the impact of disputes in innovation and creative processes.
What is mediation?
Court litigation is often costly and time-consuming and can harm business relationships. Although an IP dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to alternative dispute resolution (ADR) procedures, such as mediation.
Mediation is an informal consensual process in which the mediator helps the parties in reaching a settlement of their dispute, based on the parties' respective interests.
Using WIPO Mediation, you can:
- resolve IP, technology and commercial disputes;
- control the dispute resolution process;
- select mediators or experts specialized in IP;
- discuss ways to resolve disputes in a confidential procedure; and
- begin, continue or enhance business relationships.
Who can use WIPO Mediation?
WIPO Mediation has been used by large-sized companies, SMEs (Small and Medium-Sized Enterprises) and startups across industries and sectors, creators, entrepreneurs, artists and inventors, R&D (research & development) centers, universities, producers and collecting management organizations.
What types of disputes can be resolved through WIPO Mediation?
WIPO Mediation has been used to settle a wide variety of disputes, including:
- infringements of IP rights (e.g., advertisement, audiovisual content, broadcasting, designs, digital content, image rights, mobile apps, music, patents, photographs, software, trademarks, TV formats)
- IP licensing agreements
- commercial agreements related to IP (e.g., distribution, film production, franchising, marketing, R&D, sponsorship, technology transfer)
Where does WIPO Mediation take place?
Meetings in a WIPO Mediation may be conducted in person or virtually. The WIPO Center makes available secure online videoconferencing tools to facilitate parties' discussions.
How much does WIPO Mediation cost?
The filing of an invitation to consider WIPO Mediation is not subject to any fees.
If the parties agree to continue with the mediation process and appoint a mediator, the parties will share the cost of the mediator's fees. The mediator's fees will be fixed by the WIPO Center in consultation with the parties and the mediator.
How can you start a WIPO Mediation procedure?
If you are interested in considering WIPO Mediation, you can:
- Contact the WIPO Center for assistance on WIPO Mediation services
- Send an online invitation to the other party to consider WIPO Mediation
- Contact the WIPO Center by email
What is the role of the WIPO Center?
The WIPO Center can
- provide information on how to refer a dispute to WIPO Mediation, including face-to-face via videoconferences
- assist on the filing of a request for WIPO Mediation
- set up free-of-charge virtual meeting rooms for parties to meet online to discuss about their dispute
- find suitable mediators or experts, specialized in the relevant subject and legal matters
However, the WIPO Center cannot
- provide legal advice
- represent any party in dispute or act as legal counsel
- force anyone to take part in a WIPO Mediation procedure