Presentations and discussion on Alternative Dispute Resolution for Intellectual Property and Copyright Offices (A/58 side event)

Organized by the WIPO Arbitration and Mediation Center

(For registered delegates only)

Meeting codeA/58/SIDE-EVENT/14
Date and venueSeptember 27, 2018 (Geneva, Switzerland)
Location: WIPO Headquarters, AB Building, Room B
Related meetingA/58

On September 27, 2018, on the margins of the WIPO Assemblies, the WIPO Arbitration and Mediation Center organized a lunchtime event entitled 'Alternative Dispute Resolution (ADR) for IP Offices and Copyright Offices' (IPOs).

In recent years, a growing number of IPOs collaborate with the WIPO Center to promote, develop or enhance ADR options, especially mediation. The shared goal of these initiatives is to facilitate time- and cost-effectiveness in resolving disputes involving IP rights issued or protected in the jurisdiction. Such activities are increasingly recognized as part of innovative new client facilities being offered by IPOs.

ADR-related activities undertaken by IPOs and supported by the WIPO Center take different forms, such as: raising awareness among IPO users of the advantages of ADR options; offering ADR case administration, where appropriate including WIPO services and facilities, particularly in international cases; and identifying and training specialized neutrals in the member state for possible appointment under ADR procedures administered by the IPO or the WIPO Center.

Following opening remarks by WIPO Deputy Director General John Sandage, the WIPO Center presented the second edition of the WIPO Guide on ADR Options for IPOs and Courts, just published with the financial support of the Korean Intellectual Property Office (KIPO).

Raising Awareness of ADR to Resolve IP Disputes – IPO Experience

  • Mr. Miguel Ángel Margáin, Director General, Mexican Institute of Industrial Property (IMPI Mexico)
  • Ms. Fran Roden, Deputy Director General, Commissioner of Patents and Registrar of Trade Marks, IP Australia

Resolving IP Disputes Through Mediation – IPO Experience

  • Mr. Daren Tang Heng Shim, Chief Executive, Intellectual Property Office of Singapore (IPOS)
  • Ms. Josephine Santiago, Director General, Intellectual Property Office of the Philippines (IPOPHL)
  • Ms. Soo Hyun Myung, Director, Cultural Trade and Cooperation Division, Ministry of Culture, Sports and Tourism, Republic of Korea
  • Mr. Piotr Brylski, Assistant to the President, Patent Office of the Republic of Poland (PPO)
  • Mr. Si Young Park, Director, Multilateral Affairs Division, Korean Intellectual Property Office (KIPO)

IPO Model R&D Agreements Including ADR Options

  • Mr. Pedro Cartagena, Technical Adviser, Spanish Patent and Trademark Office (OEPM)

Offering statistics and examples, several speakers described their Offices’ positive experience with ADR in the context of IPO proceedings, such as trademark opposition proceedings.  All speakers emphasized the growing role of their Offices in promoting the advantages that ADR, especially mediation, can offer to parties in IP disputes, including SMEs and start-ups.

Speakers described their collaboration, in various forms, with the WIPO Center in all these initiatives, particularly international disputes.

Ms. Myung of the Ministry of Culture, Sports and Tourism of the Republic of Korea announced the conclusion of a new MoU with the WIPO Center in the coming weeks that will establish a Fund-in-Trust to support ADR-related services for copyright disputes involving parties in the Republic of Korea.