What is the WIPO Sanctions and Mediation Center? Review of the WIPO Sanctions and Mediation Center

The World Intellectual Property Organization Arbitration and Mediation Center is headquartered in Geneva, Switzerland and also has an office in Singapore.

The center aims to facilitate dispute settlement agreements between parties through mediation, and is particularly good at disputes in technology and entertainment. If the parties do not want to continue mediation or cannot reach a settlement agreement, the mediation center will also recommend that the parties resolve the dispute through its arbitration or expert appraisal procedures based on the circumstances of the dispute.

In addition, the Center provides ad hoc and expedited arbitration services in the fields of art and cultural heritage, energy, film and media, franchising, ICT, intellectual property offices, life sciences, standard essential patents, R&D and technology transfer, trade fairs, sports, etc.

Introduction

■ Mediation Rules:
WIPO Mediation Rules

■ Scope of disputes accepted:
Any commercial disputes between private individuals worldwide, not limited to disputes related to intellectual property rights.

■ Acceptance conditions:
The two parties reach an agreement to mediate, which can be a mediation clause in the contract or a submission agreement reached by the two parties after the dispute occurs. If no submission agreement is reached, one party can also submit an application for mediation by the Center, and the Mediation Center can designate an external mediator to assist the parties in reaching a submission agreement.

■ The effectiveness of mediation award:
It is valid between the two parties and has the effect of a general civil and commercial contract.

■ Database of Neutrals (WIPO List of Neutrals):
The database contains more than 1,500 neutral individuals who are good at dispute resolution and have professional knowledge of intellectual property disputes, including arbitrators, mediators and experts. When the mediation center needs to appoint a mediator, it will be selected from this database based on the specific circumstances of the case.

Mediation Procedure

1. Start

If the parties who have agreed to mediation by the Center wish to initiate mediation, they shall submit to the Center a mediation application accompanied by information on the parties, the main points of the dispute and other elements, and send a copy to the other party. Mediation will then begin.

Mediation can take place at any place agreed upon by the parties, in any language and under any law. If the mediation is not held in Geneva, the Mediation Centre can also assist the parties in arranging a meeting place outside Geneva.

2. Identify the mediator

The parties may agree on the mediator and the procedure for selecting the mediator. In the absence of an agreement, the Mediation Center will send both parties an identical list of mediator candidates, on which the parties may jointly select a mediator. If no response is made within 7 days from the date of receipt of the list, it will be deemed that the parties agree to all the candidates and the Mediation Center will appoint the mediator itself; if the parties do not select the same candidate, the Mediation Center will also appoint the mediator itself. The Mediation Center may appoint the mediator itself without regard to the above procedure if appropriate. There is no limit on the number of mediators.

3. Mediation

Mediation is conducted in accordance with the method agreed upon by the parties. If there is no agreement, the mediator shall decide the mediation method in accordance with the Rules. At the first meeting, the mediator shall consult with the parties to set a timetable, urge them to submit opinions and relevant factual materials on time, and organize exchanges of opinions; the formal mediation meeting may be held once or more, mainly to agree on the basic principles of the mediation procedure, further collect information and determine the disputed issues, study the interests of the parties, formulate alternative settlement plans, evaluate alternative plans and make suggestions for resolving disputes. At the same time, the mediator may also suggest that the parties submit other relevant information. The parties may also submit relevant information on their own initiative, but the mediator should pay attention to the confidentiality requirements of the parties. During the mediation process, no records shall be made of the meetings between the mediator and the parties. All persons involved in the mediation process shall sign a confidentiality agreement.

4. End of the program

The mediation process shall be terminated in the following three circumstances:
(1) The parties reach a settlement;
(2) A party does not agree to continue the mediation after the first meeting with the mediator and the other party;
(3) The mediator considers that continued mediation is unlikely to lead to a settlement between the parties.
After the mediation process is concluded, a written notice must be submitted to the Mediation Center stating that the mediation process has been concluded and indicating the conclusion date, whether the parties have reached a settlement, etc., and a copy must be sent to both parties.
If the mediator believes that the dispute is difficult to resolve through mediation, after comprehensively examining the circumstances of the dispute and the business relationship between the two parties, the mediator may recommend that the two parties resolve the dispute through the World Intellectual Property Organization expert appraisal procedure or arbitration procedure.

5. Confidentiality measures

After the mediation process is concluded, unless the parties agree otherwise, the materials submitted by the parties during the mediation process shall be returned and no copies shall be retained. The relevant notes and other materials made by the parties shall also be destroyed.

cost

The Center believes that mediation should be cost-effective. In consultation with the parties and the mediator, the Center ensures that the fees charged in WIPO proceedings are appropriate in light of the circumstances of the dispute.

1. The value of the mediation is determined by the total value of the "amount in dispute".

2. If the Request for Mediation does not indicate any claim for a monetary amount or the dispute involves issues that cannot be quantified in monetary terms, an administration fee of US$1,000 shall be payable, subject to adjustment. The adjustment shall be made by reference to an administration fee determined by the Center, in its sole discretion and after consultation with the parties and the Mediator, as appropriate in the circumstances.

3. The mediator must keep detailed and accurate records of the work performed and the time spent on the mediation. Copies of such records shall be provided to the parties and the Center together with the mediator’s invoice upon termination of the mediation.

4. After consultation with the parties and the mediator, the Center shall determine the final amount to be paid to the mediator, taking into account the hourly or daily rate and other factors such as the subject matter of the dispute and the complexity of the mediation, the total time spent by the mediator, the diligence of the mediator and the speed of the mediation proceedings.

5. For the purpose of calculating the Mediation Fees, claim amounts expressed in currencies other than United States dollars shall, if necessary, be converted into United States dollars at the United Nations official exchange rate on the date of the Mediation.

6. 25% reduction in Center administrative fees if one (or both) of the parties to the dispute is designated as the applicant or inventor in a published PCT application, the holder of an international registration under the Hague System or the Madrid System, WIPO, a green technology provider or seeker, or a small and medium-sized enterprise (an entity with fewer than 250 employees).

7. The amount and currency of the fees of an external neutral appointed pursuant to Article 4(b) of the WIPO Mediation Rules and the method and time of payment shall be determined by the Center after consultation with the external neutral and the parties.

References

• 1. Mediation Fees: WIPO official website