Part III Subject-Matter Mediation of Commercial and Investment Disputes, 14 WIPO Mediation: Resolving International Intellectual Property and Technology Disputes Outside the Courts

Subject(s):

Intellectual property — Arbitration — Mediation

With offices in Geneva, Switzerland and in Singapore, the WIPO Arbitration and Mediation Center (WIPO Center), established in 1994, is a neutral, international and non-profit dispute resolution provider specialized in intellectual property and related commercial disputes. Developed by leading experts in cross-border dispute settlement, the arbitration, mediation and expert determination procedures offered by the WIPO Center are recognized as particularly appropriate for technology and other disputes involving intellectual property (IP). The WIPO Center maintains a database of over 1500 neutral, independent WIPO mediators, arbitrators and experts globally, skilled in IP and alternative dispute resolution (ADR). In light of the increasing internationalization and complexity of IP transactions, the WIPO Center has experienced a considerable increase in cases submitted to WIPO Mediation in recent years, including court referrals. The subject matter of WIPO cases includes a wide range of IP and related matters. Over 70 per cent of WIPO cases (and over 90 per cent of patent-related WIPO cases) have been international in scope, involving for example technology protected by patents in several jurisdictions in Asia, Europe, and the United States. The WIPO Center pays particular attention to helping parties contain time and cost of mediations conducted under WIPO Rules. This includes the WIPO Center’s assistance to parties in selecting and appointing the mediator, and active case management. WIPO ADR procedures are organized to stimulate positive opportunities for party settlement. To date, 70 per cent of the mediation procedures administered by the WIPO Center have been settled.