In this practice guideline
Alternative dispute resolution
Alternative Dispute Resolution provides a different pathway for parties to resolve their intellectual property (IP) disputes than the traditional route of a proceeding.
IPONZ and the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Center) are collaborating to raise awareness of Alternative Dispute Resolution (ADR) options such as mediation and arbitration in the area of IP and technology in New Zealand.
World Intellectual Property Organization Arbitration and Mediation Center – WIPO website
ADR procedures prioritize time and cost efficient dispute resolution, while preserving business relationships. They allow parties to choose a mediator or arbitrator with legal and technical expertise in IP and technology. They also provide a neutral forum in which disputes, often involving parties from multiple jurisdictions, can be resolved through a single procedure.
Mediation
Mediation is a non-binding, confidential and consensual procedure in which a neutral intermediary, the mediator, assists the parties in settling their dispute based on their business interests. The mediator cannot impose a decision on the parties and the procedure may be terminated by either party at any stage. Settlement is usually recorded in a settlement agreement which has force of contract. Mediation leaves open court or agreed arbitration options.
Arbitration
Arbitration is a confidential and consensual procedure in which the parties submit their dispute to one or more chosen arbitrators for a binding and final decision. The decision is based on the parties’ legal rights and obligations and enforceable internationally. Arbitration normally forecloses court options.
WIPO ADR procedural assistance
The WIPO Center can conduct ADR proceedings for disputes involving parties from New Zealand and can help the parties select mediators, arbitrators and experts with specialized knowledge in IP and technology.
When parties are involved in an IP or technology dispute, the WIPO Center can provide procedural assistance to them, free of charge, in order to facilitate direct settlement between them or to submit their dispute to WIPO mediation or arbitration, as alternatives to court litigation. The WIPO Center provides free online case administration options to help settle disputes across jurisdictions.
The WIPO Center has assisted both large businesses and small and medium sized enterprises (SMEs) across industries and sectors, including inventors, entrepreneurs, artists, startups, R&D centers, universities, producers and collecting societies.
To receive information and procedural assistance from the WIPO Center, you can contact:
Future disputes
To facilitate the referral of disputes to WIPO ADR, the WIPO Center provides model contract clauses which can be included in contracts involving IP and technology.
WIPO Model ADR Clauses – WIPO website
WIPO ADR Clause Generator – WIPO website
Existing disputes
If parties are already facing a dispute, and in the absence of a mediation agreement between the parties (for example in infringement disputes or in cases pending before the courts), a party may submit a unilateral request for mediation to the WIPO Center.
Request for WIPO Mediation (DOCX, 39.1KB] – WIPO website
The WIPO Center can assist the parties in considering a request for mediation.
WIPO ADR for small and medium enterprises (SMEs)
SMEs represent 41% of the parties involved in WIPO ADR cases. In the WIPO Center’s experience, mediation and expedited arbitration are particularly appropriate to resolve disputes involving SMEs.
The WIPO Center offers a 25% reduction on its fees when an SME is involved in a dispute. Interested SMEs may contact the WIPO Center via email for further information.
Case administration
The parties may agree on the appointment of the mediator, arbitrator or expert, or they may request assistance from the WIPO Center to identify suitable candidates. Candidates can be selected from New Zealand or overseas jurisdictions based on each parties’ requirements.
The parties are free to choose where they want the mediation to take place, including remotely. The WIPO Center provides free online case administration options, including an online docket and videoconferencing facilities.
WIPO Online Case Administration Tools – WIPO website
WIPO contact information
WIPO Arbitration and Mediation Center
Tel +4122 338 82 47 (Geneva)
Tel +65 6225 2129 (Singapore)
New Zealand arbitrators and mediators
To locate independent arbitrators or mediators skilled in intellectual property matters and based in New Zealand or Australia, you can search the following directory. You can search for intellectual property specialists by clicking the ‘Speciality Area’ dropdown box and selecting ‘Intellectual Property’.