Resolving IP and Technology Disputes Through WIPO Mediation and Arbitration
INDICAM and the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Center) collaborate to raise awareness of Alternative Dispute Resolution (ADR) options such as mediation and arbitration in the area of IP and technology.
Using mediation and arbitration for the resolution of IP disputes, rather than recourse to litigation before national courts, has distinct advantages. Mediation and arbitration allow parties to resolve their dispute in a time- and cost-efficient way through a single neutral procedure which can be customized to their needs, compared to potential parallel litigation in several jurisdictions. Mediation and arbitration also offer the advantage of keeping the proceedings and outcomes confidential and, especially in the case of mediation, gives the parties the opportunity to go beyond the legalistic resolution of the dispute to negotiate creative solutions that satisfy their business interests.
WIPO cases involved multinationals, SMEs, universities and research centers and individuals primarily from Europe, Asia, North America, and Latin America. Patent and technology cases remain the most common, for example related to licensing, standards and software development as well as disputes related to trademarks, R&D and technology transfer, publishing and digital copyright and IP infringement. WIPO Center provides complimentary procedural assistance and reduced fees for SMEs.
To facilitate the referrals of disputes to WIPO mediation and arbitration, the WIPO Center provides recommended contract clauses (for the submission of future disputes under a particular contract) and submission agreements (for existing disputes). In IP infringements and cases already pending before the courts, or when no mediation agreement exists between the parties, a party may submit a unilateral Request for Mediation to the WIPO Center.
Further information regarding the WIPO Center’s services is available online and any questions can be emailed to firstname.lastname@example.org
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