Arbitration/Mediation

Mediation of International Intellectual Property Disputes

International disputes between countries over patent infringement, unfair competition or other Intellectual Property (IP) business related issues are increasing. One need only take a look at the list of complainants and respondents on the United States International Trade Commission’s list of active section 337 investigations at www.usitc.gov/trade_remedy/int_prop/index.htm to gain an understanding of the extensive cost in time and money that must be brought to bear to prosecute or rebuff a claim.

The World Intellectual Property Organization (WIPO) as arguably the foremost international organization dedicated to helping to ensure that the rights of creators and owners of IP are protected worldwide has long recognized the increasing number and complexity of IP disputes among nations. To that end, one of the goals of the WIPO is to help stabilize and foster the global environment for the creation, marketing and protection of intellectual property. This goal is facilitated by the WIPO’s administration of international treaties, assistance to governments in the development of IP laws and the WIPO’s role in harmonizing the array of IP related laws, rules and practices.

Possibly one of the WIPO’s most significant acts in protecting IP and fostering fair international trade and cooperation has been the establishment of the WIPO Arbitration and Mediation Center. The Arbitration and Mediation Center helps to meet the vital need for a quick and inexpensive way of settling commercial disputes involving IP rights. The Arbitration and Mediation Center can provide parties with an alternative to potentially lengthy and costly court proceedings and avoids government intervention like section 337 investigations (see article Protecting America’s Patents).