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An Overview Role of ADR under WIPO
INTRODUCTION
The WIPO Arbitration and Mediation Center (WIPO Center) is a neutral, multinational, and non-profit dispute resolution service specialised in IP and associated commercial issues, with offices in Geneva, Switzerland, and Singapore. The processes it provides have been developed by renowned specialists in cross-border dispute resolution and are acknowledged as being especially suited for technology and other IP-related issues. Over 1,500 impartial and unbiased WIPO mediators, arbitrators, and experts specialised in IP and ADR from over 70 countries are included in the WIPO Center's database.
The WIPO Center focuses on keeping the length and expense of WIPO Rules cases to a minimum. It assists parties in selecting and appointing a suitable neutral; provides active case management, including guidance on the application of relevant procedural rules; provides access to its Electronic Case Facility (WIPO ECAF), and provides meeting and hearing facilities free of charge where proceedings are held at WIPO in Geneva. Parties that employ WIPO's worldwide services (the PCT (patents), Hague (designs), or Madrid (trademarks) Systems) get a 25% price discount from the WIPO Center. A normal WIPO Mediation lasts 4.5 months. However, it may be finished sooner if the parties desire it, for example, to ensure that court referrals are completed on time.
The WIPO ADR processes aim to provide good possibilities for parties to reach an agreement. 70% of the WIPO Center's mediation processes have resulted in a successful outcome. Even in more complicated arbitration matters, roughly 37% of WIPO disputes settle before a tribunal ruling is announced.
MS. ACCORNERO HIGHLIGHTED THREE UNIQUE ASPECTS OF THE WIPO CENTER:
- International neutrality—because the WIPO Center is under WIPO's authority, it is a neutral forum with no ties to any country's authority or legislation. The WIPO Center's impartiality makes it an appealing and fair option for parties in international disputes.
- IP and technological specialisation- This is a two-fold characteristic. First, the WIPO Rules address unique IP demands, such as confidentiality and evidentiary requirements, due to the nature of IP and technology disputes that WIPO deals with. Second, the WIPO Center has a good network of IP and technology specialists who may be appointed as mediators, arbitrators, or experts in WIPO Center-administered ADR matters.
- Non-profit- The WIPO Center is a non-profit organisation that offers low-cost mediation services. Specific instances may also benefit from a degree of flexibility in terms of costs that are tailored to their needs.
GREATER EFFICIENCY IN TERMS OF BOTH TIME AND MONEY
The WIPO Center's experience illustrates that the conventional ADR framework's tailored adaption may enhance specific components of IP transactions, such as rules, neutrals, fees, and clauses. As a result, the WIPO Center has created various specialised ADR schemes in information and communication technology, research and development, processes before national IP authorities, cinema and media, and art and cultural assets.
The WIPO Center offers dispute resolution advice and case management services to an increasing number of parties regarding ongoing applications or issued rights at the request of various IP offices. Brazil, Colombia, Indonesia, Mexico, the Philippines, the Republic of Korea, and Singapore all have national IP offices with which they collaborate. Since January 2016, the WIPO Center has been designated as an alternative dispute resolution (ADR) provider for cases before the US Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) and Patent Trial and Appeal Board (PTAB). This experience is recounted in the WIPO Center's Guide on Alternative Dispute Resolution Options for Intellectual Property Offices and Courts.
Model submission agreements are also available from the WIPO Center, which parties can customise to handle standards-related issues involving telecom patents in several countries. The WIPO model submission agreements were developed in conjunction with patent law, standards, and arbitration specialists from various countries to allow for the cost- and time-effective assessment of fair, reasonable, and non-discriminatory license conditions. The WIPO Center engages with standards organisations such as the European Telecommunication Standards Institute (ETSI) and the Institute of Electrical and Electronics Engineers (IEEE).
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.
- Introduction
- Analysis
- Conclusion
