WIPO Arbitration w.r.t. IP & its Advantages!

 

As long as there are No Strings Attached….

 

Earlier few blogs briefly elucidated (Policy & Rules) facets of UDRP process for Domain Name Disputes adjudication w.r.t. Trademarks (cybersquatting). Further, WIPO ADR is another way to resolve Disputes w.r.t IP, initiated by the Claimant (one who initiate arbitration) in front of the Tribunal comprising of Arbitrator(s) at the Centre (WIPO) filed, only if & in accordance with the Arbitration Agreement entered between two Parties, which is a must. The compliance of Awards (awarded within three months post closure of proceedings) is given under Article 66 of the Arbitration Rules & shall be effective & binding, just alike any other Arbitration Award, which has limited scope of Appeal, except in cases of correcting technical defects, even at local level.

 

There’re two types of Arbitration herein -> Arbitration vs Expedited Arbitration. The latter is cost effective (almost half the cost + has 1 arbitrator) that’s completed in a span of 3+1 (usually) months, whilst, the former is more procedural & completed within span of 9+3 (usually) months & has up to 3 arbitrators. The Arbitration maybe preceded by Negotiation/Expert Advice/Mediation  for Settlement, which is always a better option as one learns the depth of water before diving in it. All distinct claims, counter-claims requests can be consolidated. The interim emergency relief may be available until disposal of the matter, alike injunctions at local level, pending the matter. 

 

Such supra procedures are admirable, unlike trials which take years, are complicated, time consuming, massively procedural, which could implicitly lack natural justice.

 

So, such simple proceedings i.e. Request with Statement of Claim with Exhibits -> Statement of Defence with Exhibits including Counter Claims, if any -> Reply to Counter Claim, if any -> Proceedings -> Award/Decree -> Appeal (if any); becomes worthwhile!  😇

 © Pranav Chaturvedi