WIPO Intellectual Property Mediation is one of the many ways to resolve disputes between contracting parties. Many business entities choose mediation because they find it cheaper and quicker than court litigation in some jurisdictions. It is usually so because it does not follow strict rules of procedure and the processes are customizable, so to speak
Advantages of WIPO Intellectual Property Mediation :
– Mediation is a non-binding procedure. Parties are not obliged to follow through once mediation proceedings are initiated, and can get out of it anytime. Some of the things that the parties may control are:
Mediator – Parties themselves may agree who the mediator would be. A mediator has no decision-making power, and his role could either be facilitative or evaluative. A facilitative mediator facilitates communication between parties until a decision is reached at. An evaluative mediator on the other hand provides a non-binding assessment or evaluation of the dispute that the parties may either accept or reject. Moreover, a mediator can be more than one person.
Rules – Mediation is an informal procedure. It can even be combined with other procedures such as arbitration and even litigation, usually as a preliminary process. It is relatively unstructured and highly dependent on the parties’ agreement.
Venue – The parties decide where the mediation should take place. It could be pre-arranged or decided at a later time.
Schedule: Though mediation is commonly used as a preliminary procedure in most cases, it can be used at any stage of a dispute.
– Since mediation is not coercive in nature, decisions are arrived at according to the parties’ true will.
– Parties in mediation procedures are assured that any information disclosed therein generally cannot be used against them in any other tribunal or litigation. That way, parties could be more comfortable in opening up to one another.
– Many choose to undergo mediation to prevent a full blown trial. That way, the parties’ good relationship is maintained and go to business as usual.
WIPO stands for World Intellectual Property Organization. It is an agency of the United Nations created to protect and promote Intellectual Property on a global scale. It offers specialized services for mediation of intellectual property disputes, that is, disputes concerning intellectual property or commercial transactions and relationships involving the exploitation of intellectual property.
WIPO Mediation center offers the following advantages:
- a low administration fee
- an internationally based independent administering authority with specialized expertise in intellectual property
- an international list of mediators including persons with specialized knowledge and experience in the technical, business and legal subject matter of intellectual property, as well as experience in international commercial mediation
- flexible Rules with provisions sensitive to the need for the protection of confidentiality
- where the mediation takes place in Geneva, hearing rooms provided free of charge
- Publicly accessible recommended contract clause for the reference of future disputes
In 1982, The Kingdom of Saudi Arabia acceded to the Convention Establishing the World Intellectual Property Organization. This means that Saudi recognizes the competence of WIPO arbitration and mediation proceedings. If you have a business in Saudi Arabia and considering WIPO mediation as a means to resolve disputes, you can rest assured that decisions are enforceable in the Kingdom.