Domain Name Disputes, Intellectual Property Rights
WIPO Mediation Rules: "Mediation Agreement" means an agreement by the parties to submit to mediation all or certain disputes which have arisen or which may arise between them; a Mediation Agreement may be in the form of a mediation clause in a contract or in the form of a separate contract.
"Mediator" includes a sole mediator or all the mediators where more than one is appointed.
"WIPO" means the World Intellectual Property Organization;
"Center" means the WIPO Arbitration and Mediation Center, a unit of the International Bureau of WIPO.
Scope of Application of WIPO Mediation Rules
Where a Mediation Agreement provides for mediation under the WIPO Mediation Rules, these Rules shall be deemed to form part of that Mediation Agreement. Unless the parties have agreed otherwise, these Rules as in effect on the date of the commencement of the mediation shall apply.
International Federation of Inventors’ Associations and World Intellectual Property Organization encourages the members to settle disputes arising from collaborations established with other parties by referring to WIPO Arbitration and Mediation Center offering alternative dispute resolution (ADR) options to court litigation.
To facilitate submission of such disputes to WIPO Mediation, a party may submit a unilateral Request for Mediation to the WIPO Center under the updated WIPO Mediation Rules effective since January 1, 2016.
(a) A party to a Mediation Agreement that wishes to commence a mediation shall submit a Request for Mediation in writing to the Center. It shall at the same time send a copy of the Request for Mediation to the other party.
(b) The Request for Mediation shall contain or be accompanied by:
(i) the names, addresses and telephone, e-mail or other communication references of the parties to the dispute and of the representative of the party filing the Request for Mediation;
(ii) a copy of the Mediation Agreement; and
(iii) a brief statement of the nature of the dispute.