International alternative dispute resolution (ADR) provides different methods to resolve IP related matters without the use of court action.
ADR can enhance the parties’ control over the dispute resolution process as it provides an opportunity for both parties to engage in a considered process, which is often less adversarial and allows parties to begin, continue, or improve business relationships.
Finding a solution using ADR can be quicker and cheaper, as it removes the cost of using the court system.
The Arbitration and Mediation Center of the World Intellectual Property Organization (the WIPO Center) provides a range of services designed to resolve international disputes for IP and technology including:
- expedited arbitration
- expert determination
- domain name disputes.
The WIPO Center delivers ADR through high-quality videoconferencing facilities to make this service available digitally.
How does WIPO's ADR work?
The following procedures provide alternatives to court litigation and are appropriate for most IP related commercial disputes:
An informal consensual process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests. Learn more about mediation.
A consensual procedure where the parties submit their dispute to one or more chosen arbitrators, for a binding and final decision (award). Learn more about arbitration.
An arbitration procedure that is carried out in a short time and at a reduced cost. Learn more about expedited arbitration.
A consensual procedure in which the parties submit a specific matter (e.g., a technical question) to one or more experts who make a determination on the matter. Learn more about expert determination.
How to submit a dispute to WIPO
To encourage ADR, the WIPO Center provides model contract clauses which can be included in contracts between parties involving intellectual property. This facilitates agreement between the parties to refer future disputes to WIPO ADR.
If parties are already facing a dispute, they can refer such dispute to the WIPO Center by completing and signing a submission agreement.
In the absence of a dispute resolution agreement, the party proposing ADR will need to submit a request for mediation to the WIPO Center. They will also need to provide a copy of this submission to the other party. The WIPO Center can assist all parties in considering a request to participate in ADR.
The parties may agree on the appointment of the mediator, arbitrator or expert, or they may request assistance from the WIPO Center to identify suitable candidates. Candidates can be selected from Australia or overseas jurisdictions which must satisfy each parties’ requirements.
The parties are free to determine where they want the case to take place. To assist the time and cost efficient resolution of IP disputes, the WIPO Center provides free online case administration options, including an online docket and videoconferencing facilities.
WIPO ADR Resources and Publications
- General Information
- WIPO ADR rules
- Select a Dispute Resolution Clause
- Calculate Case Fees
- Case Filing Guidelines
WIPO Arbitration and Mediation Center
Tel +4122 338 82 47 (Geneva)
Tel +65 6225 2129 (Singapore)