WIPO Alternative Dispute Resolution (ADR) Options for Intellectual Property and Technology Cases pending before National Courts

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

The principal characteristics of arbitration are:

• Arbitration is consensual
• The parties choose the arbitrator(s)
• Arbitration is neutral
• Arbitration is a confidential procedure
• The decision of the arbitral tribunal is final and easy to enforce

Parties involved in proceedings pending before national courts may submit their dispute to WIPO Arbitration by filing their agreement for WIPO Arbitration with the WIPO Center.

Recommended Model Submission Agreement to WIPO Arbitration

Upon receiving the agreement to WIPO Arbitration, the WIPO Center will contact the parties regarding the appointment of the arbitrator(s) and the applicable fees. While the parties are free to identify suitable candidates for such appointment themselves, the WIPO Center is available to assist with the provision of a shortlist of qualified candidates taking account of the requirements of the case.

The WIPO Center also offers WIPO Expedited Arbitration services, a form of arbitration that is carried out in a shortened time frame and at a reduced cost.

Example of a dispute pending before national courts referred to WIPO Arbitration:

• A Patent Infringement Dispute Submitted to WIPO Arbitration

Expert determination is a consensual ADR service offered by the WIPO Center in which a technical, scientific or related business issue between the parties is submitted to one or more experts who make a determination on the matter.

The principal characteristics of expert determination are:

• Expert determination is consensual
• The parties choose the expert(s) with relevant expertise
• Expert determination is neutral and flexible
• Expert determination is a confidential procedure
• The determination of an expert is binding, unless the parties agree otherwise
• Expert determination is a flexible procedure

Examples of matters that may benefit from expert determination include:

• The valuation of intellectual property assets or the determination of royalty rates;
• The interpretation of the claims of a patent;
• The extent of the rights that are covered by a license;
• The assessment of damages.

Parties involved in proceedings pending before national courts may submit their entire dispute or a specific technical or scientific issue to WIPO Expert Determination by filing their agreement for WIPO Expert Determination with the WIPO Center.

Recommended Model Submission Agreement to WIPO Expert Determination

Upon receiving the Agreement to WIPO Expert Determination, the WIPO Center will contact the parties regarding the appointment of the expert and the applicable fees. While the parties are free to identify a suitable candidate for such appointment themselves, the WIPO Center is available to assist with the provision of a shortlist of qualified candidates taking account of the requirements of the case.