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The ADR procedures have been drawn up to solve disputes on the basis of expert decisions, mediation or arbitration rather than through the courts

 

ADR: Alternative Methods for resolving IP controversies



The Spanish Patent and Trademark Office (SPTO) and the World Intellectual Property Organisation (WIPO) are collaborating to promote Alternative Dispute Resolution (ADR) options through the WIPO Arbitration and Mediation Centre.

The ADR procedures have been drawn up to solve disputes on the basis of expert decisions, mediation or arbitration rather than through the courts. They aim to reduce the cost of such disputes for the parties involved and the time spent on them. The alternatives include the following:

  • Expert decision: Procedure by which the parties submit a specific problem (e.g. a technical matter) to one or more experts who decide on it. The decision shall be binding provided the parties did not agree otherwise.
  • Mediation: An informal, consensus-based, non-binding procedure in which the mediator helps the parties to reach agreement in a specific dispute. The agreement is based on the parties’ respective interests and not only on the strict enforcement of rights and obligations under a specific law. The mediator cannot impose a decision and the agreement has the validity of a contract.
  • Arbitration: Procedure by which the parties submit a dispute to one or more arbitrators in order to obtain a final, binding decision based on rights and obligations by virtue of the applicable law. The decision can be enforced under arbitration legislation.