Alternative Dispute Resolution (ADR) Options for Intellectual Property and Technology Disputes
While the careful drafting of contracts will reduce their frequency, disputes may arise. Therefore, it is essential that they be managed and resolved efficiently. In order to do so, parties must be familiar with their dispute resolution options. Although an IP dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to mediation, arbitration or other alternative dispute resolution (ADR) procedures.
UIBM and the World Intellectual Property Organization Arbitration and Mediation Center collaborate to raise awareness of ADR options to court litigation to resolve IP and technology disputes in Italy.
What is ADR?
ADR procedures constitute alternatives to court litigation. ADR is appropriate for most IP related commercial disputes, and especially between parties from different jurisdictions. ADR can enhance the parties control over the dispute resolution process. If well managed, ADR can save time and money. In addition, its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or enhance business relationships with each other.
ADR options include mediation, arbitration, expedited arbitration and expert determination.
- Mediation: 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
- Arbitration: a consensual procedure in which the parties submit their dispute to one or more chosen arbitrators, for a binding and final decision (award). Learn more
- Expedited Arbitration: an arbitration procedure that is carried out in a short time and at a reduced cost. Learn more
- Expert Determination: 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
How to Submit a Dispute to WIPO ADR?
To facilitate agreement between the parties to refer future disputes to WIPO ADR, the WIPO Center provides model contract clauses.
If parties are already facing a dispute, they can refer such dispute to WIPO ADR by completing and signing a submission agreement. In the absence of a dispute resolution agreement, a party that wishes to propose submitting a dispute to WIPO Mediation may submit a unilateral Request for Mediation to the WIPO Center and the other party. The WIPO Center may assist the parties in considering such request.
WIPO ADR Resources and Publications
WIPO Arbitration and Mediation Center
- T: +4122 338 82 47 (Geneva) / +65 6225 2129 (Singapore)
- E: email@example.com
- W: www.wipo.int/amc