Wipo Guide On Alternative Dispute Resolution Adr Options For Intellectual Property Offices And Courts

This Guide is designed to provide an overview of ADR processes for IP disputes.

This document provides an overview of alternative dispute resolution (ADR) options for intellectual property (IP) disputes, and highlights WIPO’s growing experience in working with IP offices and courts to develop and enhance their ADR services.

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

The WIPO Guide provides a practical overview of licensing of copyright and related rights in a global marketplace, for literary, musical, graphic and pictorial works, motion pictures, multimedia entertainment and education products and computer software. Internationally renowned authors address each industry in turn, as well as giving an overview of the general business and legal principles involved in the licensing of copyright and related rights, and their collective management.

This Guide, prepared by Rina Elster Pantalony, was recently updated to reflect the tremendous developments since it was first published in 2007, in particular Digital Rights Management, the role of social media as a business opportunity and traditional knowledge. The two-part Guide first describes IP issues relevant to museums then reviews existing business models that could provide museums with appropriate opportunities to create sustainable funding, and deliver on their stated objectives.

This guide presents country code top-level domain (ccTLD) registry operators and national authorities with information on how to resolve third-party domain name disputes in a cost- and time-saving manner. It explains the main policy design features of a successful Alternative Dispute Resolution (ADR) system, and provides information on the WIPO-created Uniform Domain Name Dispute Resolution Policy (UDRP), including the possibility to tailor the UDRP for specific ccTLD requirements.

Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Arbitration in Switzerland

This report examines the importance of intellectual property (IP), ranging from patents, copyright, design and trade marks, and whether in the age of globalization, digitization and increasing economic specialization it still creates incentives for innovation, without unduly limiting access to consumers and stifling further innovation. The report does recommend a radical overhaul of the system, with the review concentrating on three areas, and setting out the following recommendations: (i) strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; (ii) reducing costs of registering and litigating IP rights for businesses large and small; (iii) improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.