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WIPO|ADR
WIPO ADR Highlights
DECEMBER 9, 2015
 
 
WIPO Mediation and Arbitration Workshop in Silicon Valley

The WIPO Arbitration and Mediation Center held a two-day Mediation and Arbitration Workshop in Palo Alto, California, on November 12 and 13. The full-capacity event provided intensive, practical training for party representatives in mediation and arbitration, and for mediators and arbitrators. Led by eminent Silicon Valley and international faculty, the Workshop covered the key considerations for parties in a case, with particular reference to the application of the WIPO Rules. The Workshop dedicated an afternoon to ADR in FRAND disputes and the WIPO Center’s services in this area.
 
Advanced Domain Name Workshop at WIPO Headquarters

On November 3 and 4, the WIPO Center held its annual Workshop on domain name dispute resolution in Geneva, Switzerland. Lead presenters David Bernstein and Tony Willoughby guided trademark practitioners, Internet lawyers, IP managers, and ccTLD administrators through a detailed and interactive program, including on the latest developments related to New gTLDs. Ahead of the Workshop, on November 2, over 100 WIPO UDRP panelists gathered to discuss developments in practice and precedent. This was the 16th edition of this annual Geneva meeting. 
 
WIPO Launches New ADR Clause Generator

To facilitate the referral of IP and technology disputes to WIPO ADR procedures, a new WIPO Clause Generator allows parties to develop tailored clauses and submission agreements by selecting WIPO ADR procedures, core elements, such as place and language of proceedings and applicable law, and, if desired, additional elements, including qualifications of neutral.  The new clause generator works on the basis of the WIPO model clauses and submission agreements.  
New Guide on ADR Options for Intellectual Property Offices and Courts

The WIPO Center offers ADR services in collaboration with a number of Intellectual Property and Copyright Offices around the world. Capturing these developments, the new WIPO Guide represents an early effort to offer practical guidance to IP Offices and courts that wish to institutionalize ADR options for proceedings pending before them.
WIPO ADR for FRAND Disputes

Technology standards can give rise to litigation in relation to patents included in the standard. To reduce the time and cost of such disputes, the WIPO Center makes available tailored model submission agreements that parties may use to refer a dispute concerning the adjudication of fair, reasonable and non-discriminatory (FRAND) terms to WIPO Mediation or Arbitration. In this effort, the WIPO Center collaborates with the European Telecommunication Standards Institute (ETSI) and most recently the Institute of Electrical and Electronics Engineers (IEEE).  The WIPO Center maintains a special list of mediators, arbitrators and experts for patents in standards.  
 
WIPO Center Submits Observations on ICANN Review

On November 17, the WIPO Center submitted observations on a preliminary report issued by ICANN on a process to review trademark Rights Protection Mechanisms in place for new and existing gTLDs.  The WIPO Center expressed support for the report’s caution about opening up the UDRP system.
 
Arbitration and Mediation for Franchising Disputes

Franchising agreements may give rise to disputes on issues that include, for instance, site selection and encroachment, franchisee development rights, renewal of franchise, underreporting of fees owed, customer service and IP matters. To optimize dispute resolution in the franchising sector, the WIPO Center collaborates with relevant stakeholders and organizations, including the Franchising and Licensing Association (Singapore) (FLA), the Spanish Association of Franchisors (AEF), and most recently, the Swiss Franchise Association (SFA) and the Brazilian Franchising Association (ABF).
 
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