Title III. Drafting Effective Mediation and Arbitration Clauses and Submission Agreements for IP and Technology Disputes.pdf ✅

Overarching Dispute Resolution Agreement Use model clauses as basis and modify only as necessary Do not divide per type of right, remedy, dispute Keep it simple, it will not be possible to account for all situations: Different types of IP rights/contracts Different countries/legal systems Consider limiting (or omitting) lengthy procedures, including extensive document disclosure, although keep in mind the likely nature of the disputes 2
A Few General ADR Pointers Contracting on technology should anticipate disputes Prepare for likelihood of international aspect in parties, rights, law Institutional’ or ‘ad hoc’? Institution can be very helpful especially in early stages (non- participating respondent, payments, challenges) Dispute policy should combine options and include mediation 40% of WIPO cases include escalation clauses 70% of WIPO mediations settle Consider expedited arbitration as time- and cost-effective option In non-contractual disputes, potential for negotiation and mediation 3
4 Problematic Dispute Resolution Clauses “Arbitration in Geneva” WIPO Arbitration with a sole arbitrator, place of arbitration Geneva, no applicable law WIPO Arbitration with three arbitrators: amount in dispute USD 60,000 WIPO Expedited Arbitration with three arbitrators Patent license: infringement disputes WIPO Arbitration Rules, contractual disputes other institution Again, usually best to start from standardized rules and clauses and modify (e.g., WIPO Arbitration Rules)