WIPO ADR is specialized, flexible and confidential. Its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or enhance profitable business relationships with each other. If well managed, ADR can save time and money. Read more on ADR advantages.
WIPO ADR options have been used by large-sized companies, SMEs and startups across industries and sectors, artists and inventors, R&D centers, universities, producers and collecting societies. Read more on the WIPO case experience.
The WIPO Center provides recommended ADR contract clauses to facilitate party agreement to refer a dispute to WIPO ADR. The WIPO Center also makes available the WIPO Clause Generator.
Read our WIPO ADR Stories to discover how ADR is used in practice.
WIPO ADR Stories: Supporting IP and Copyright Offices through the WIPO ADR Co-administration Program
The WIPO Arbitration and Mediation Center (WIPO AMC) collaborates with Intellectual Property and Copyright Offices (IP Offices) worldwide to advance the use of Alternative Dispute Resolution (ADR) for IP and technology-related disputes. Initially focused on raising awareness and providing training, some of these partnerships have evolved to the development of online tools for case administration and dispute resolution, and the establishment of ADR services locally.
Paraguay: Mediation as a tool to combat piracy and counterfeiting of products
Counterfeiting and piracy are global threats that affect intellectual property (IP) rights holders, consumers and economies alike. In Paraguay, these illicit activities have posed a significant challenge, particularly for markets like luxury goods and pharmaceuticals. To address this problem, Paraguay’s National Intellectual Property Office, (DINAPI) has adopted an innovative approach: mediation
How do SMEs Benefit From Mediation to Resolve Their IP Disputes?
SMEs account for 90% of all businesses worldwide and 70% of global employment. WIPO promotes the use of mediation among SMEs to reduce the impact of disputes in innovation and creative processes.
How WIPO’s Online Tools Help the Resolution of Copyright Disputes in Mexico
In order to respond to the meeting and travel restrictions caused by the COVID-19 pandemic, the National Institute of Copyright of Mexico (INDAUTOR) and the WIPO Arbitration and Mediation Center make available online conciliation meetings to resolve copyright disputes in Mexico.
Resolving Foreign-Related IP Disputes Pending before Courts in Shanghai through WIPO Mediation
The WIPO Arbitration and Mediation Shanghai Service was established in October 2019 in the China (Shanghai) Pilot Free Trade Zone. It is the first foreign arbitral institution approved by the Ministry of Justice of the People’s Republic of China to be engaged in arbitration and mediation of foreign-related IP dispute cases in China.
How Women are Making a Difference in IP Dispute Resolution
Intellectual property (IP) is a critical component of modern economies, powering innovation and creativity. In 2023, on World Intellectual Property Day (marked every April 26), we celebrate Women and IP: Accelerating Innovation and Creativity, commemorating women who continue to make significant contributions to IP, while raising awareness about the challenges faced when participating in the IP system. The field of IP benefits when women engage in innovation and creativity, providing for a diverse and inclusive ecosystem, and improving our collective capability to transition to a more sustainable future, including how IP disputes are resolved.
Supporting the Creative Industries in Resolving Copyright and Content Disputes
What do disputes related to the international co-production of a film, the development of a mobile application, the rights to the design of a video game scenario, or the payment of royalties for the use of a song, all have in common? They have a negative impact on creators as well as the commercial exploitation of their IP rights. To reduce such impact, parties can refer their copyright and content disputes to mediation and arbitration. The WIPO Arbitration and Mediation Center actively collaborates with the Ministry of Culture, Sports and Tourism of the Republic of Korea (MCST) to raise awareness of and provide dispute resolution services to the creative industries in the Republic of Korea and beyond.
WIPO Digital Tools Facilitate Access to Justice in Tanzania
In a significant step towards facilitating access to justice and efficient dispute resolution, the WIPO Arbitration and Mediation Center (WIPO Center) has initiated a collaborative project with the Judiciary of Tanzania. Through this project, launched last August, the WIPO Center makes available at no cost WIPO online meeting platforms in mediation cases before the Judiciary of Tanzania, allowing parties and mediators to meet easily online, with greater convenience and flexibility.
To date, the WIPO Center has hosted over 20 online mediation meetings, with the parties and mediators involved providing very positive feedback. In addition to streamlining case management for the Judiciary, the online conduct of mediation meetings has had a considerable impact on the participation of the parties in the proceedings, that no longer have to travel long distances or face the challenges of network issues. By equipping the Judiciary of Tanzania with the necessary online meeting tools and support, WIPO aims to bridge distance and facilitate access to justice to all parties across the country.
Alternative Dispute Resolution – A Game-Changer for Copyright and Entertainment Disputes in Africa
In Africa, disputes over intellectual property (IP) rights are a common occurrence in the entertainment industry, especially when it comes to copyright infringement and contractual disagreements between artists and production companies. However, there is now an alternative way to resolve these disputes that is gaining popularity – Alternative Dispute Resolution (ADR) methods, such as mediation. This game-changing approach is being supported by Copyright Offices and sector organizations in the region, recognizing the sector’s needs.
An informal consensual process in which the mediator assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests.
A procedure in which the parties submit a specific matter (e.g., technical question, valuation of IP assets, establishment of royalty rates) to one or more experts who make a determination on the matter.
In addition to its ADR services for all types of IP and technology disputes, the WIPO Center also provides tailored dispute resolution in a number of specific IP sectors.
(Photo: Getty/Peshkov)
Information and Communication Technology
A significant part of WIPO ADR cases concern Information and Communication Technology (ICT) disputes. WIPO ADR services for the ICT industry also include tailored model submission agreements that parties may use to refer a dispute concerning the determination of fair, reasonable and non-discriminatory (FRAND) terms to WIPO ADR.
To optimize dispute resolution in the R&D and technology transfer sector, the WIPO Center collaborates with relevant stakeholders. This includes the development and dissemination of model R&D agreements, which recommend WIPO mediation and arbitration options.
WIPO ADR procedures are regularly used by creators, collective management organizations (CMOs), and companies, to resolve copyright- and content-related disputes without the need for court litigation.
The WIPO Center provides dispute resolution advice and case administration services to facilitate contract negotiations between parties or to help parties resolve disputes in the area of life sciences.
assisting IP and Copyright Offices with ADR case administration (including co-administration, training of neutrals and online case administration tools); and
participation in the development of model R&D model agreements including ADR options.