Efficient Alternative Dispute Resolution In Intellectual Property

Growth in international transactions has multiplied the potential for cross-border intellectual property (IP) disputes. Global challenges - such as the digital environment, climate change issues, access to health care, the protection of traditional knowledge and traditional cultural expressions and the preservation of biodiversity - may create new types of IP disputes. Meanwhile, the economic downturn is providing an incentive for stakeholders to seek more efficient and affordable means of resolving such disputes than through court litigation - making alternative dispute resolution (ADR) an increasingly attractive option.

ADR refers to neutral mechanisms allowing parties to solve their disputes outside of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. ADR can only be applied if all parties agree to submit their dispute to the procedure or if it is mandated by a competent court. The benefits include time and cost efficiency, flexibility, party control, neutrality, a single procedure, confidentiality and expertise.

The WIPO Arbitration and Mediation Center

The WIPO Arbitration and Mediation Center (WIPO Center) was established in 1994 on a notfor-profit basis to facilitate the time and cost-effective resolution of IP and related disputes through ADR. It is recognized as an international and neutral forum especially appropriate for cross-border and cross-cultural disputes and conducts procedures under the WIPO Mediation, Expedited Arbitration, Arbitration and Expert Determination Rules (WIPO Rules).

The WIPO Rules contain specific provisions that are particularly suitable for IP and related disputes, such as those concerning confidentiality and technical evidence. However, their scope is not limited to such disputes and they can be, and have been, successfully applied in other areas. The WIPO Center makes available, in different languages, model clauses and agreements that parties may use as a basis for submitting their disputes to WIPO.

As experience has shown, the effectiveness of ADR depends largely on the quality of the mediator, arbitrator or expert. The WIPO Center maintains a database of over 1,500 qualified neutrals from 70 countries with further candidates added according to case needs, and it assists in the appointment of neutrals in each case.

The WIPO Center works also as a resource center to raise awareness of the valuable role ADR can play in different sectors. It provides ADR advice to interested private and public entities as well as training in IP-related ADR through workshops and conferences. The WIPO Center recently collaborated with the WIPO Academy in introducing an online course on Arbitration and Mediation under the WIPO Rules.

Tailored ADR services

The WIPO Center recognizes that certain sectors experience specific recurring types...

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