WIPO Arbitration and Mediation Center (Geneva, Switzerland) was created in 1994 with the aim to contribute to resolve the IP disputes by the extrajudicial means. With this aim there were elaborated Regulations providing for the arbitration and mediation modalities. The Center is a unique specialized international institution in this field disposing about 1000 specialists offering services as the neutral intermediaries.
The intellectual property is a main component of the modern economy based on the knowledge. However the disputes on the intellectual property objects may compromise the realization of the rights substantially decreasing sometimes the value of the intangible assets. Thus, the concluded contracts reduce the conflicts frequency, they are not completely eliminated. From these considerations the primordial importance consists in the efficient regulation of the appeared disputes. But for that the parties shall know the possible variants of regulation the conflicts in the IP field.
Regardless of the fact that the disputes may be resolved by the curt, the parties in conflict frequently prefer the alternative regulation, that is, by mediation and arbitration. This mode is more preferred in the cases of the parties being with the different jurisdictions. The judicial regulation of the international disputes assumes the different procedures stipulated by the national jurisdictions what conduces to some contradictions. The WIPO mediation and arbitration permits to avoid the difficulties of such gen and to regulate the disputes in the unique and neutral manner. The consensual nature of the mediation and arbitration contributes to reduce the conflict and to maintain afterwards some relations of cooperation between the parties. The WIPO mediation and arbitration center provides the following advantages:
- The unique procedure
- The autonomy of the parties
- The neutrality
- Confidentiality
- Definitive character of the sentences
- Executing force of the sentences
Details on the address: www.wipo.int/amc/en/