AGICOA (Association de Gestion International Collective des Oeuvres Audiovisuelles) and the World Intellectual Property Organization Arbitration and Mediation Center collaborate to provide alternative dispute resolution (ADR) services for disputes between AGICOA rightsholders in the event of a double declaration (or more) in respect of the same work and with an overlapping cumulative percentage of declared rights of more than hundred percent (100%).
With offices in Geneva, Switzerland and in Singapore, the WIPO Center offers ADR options, including mediation and arbitration, to enable parties to efficiently settle their domestic or cross-border commercial disputes. The WIPO Center is international and specialized in IP and technology disputes. It has a strong focus on controlling the time and cost of its proceedings. WIPO ADR procedures are organized to stimulate positive opportunities for party settlement. Typically, 70% of the mediation procedures administered by the WIPO Center are successfully settled.
Mediation is an informal process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties' respective business interests. The mediator cannot impose a decision. The settlement agreement has force of contract.
a) In the absence of a mediation agreement, a party that wishes to propose submitting a dispute to mediation (Unilateral Request) shall:
i. Complete and sign the Request for WIPO Mediation.
ii. Send the Request to the WIPO Center by email to arbiter.mail@wipo.int, and to the other party.
iii. Upon receipt of the Request, the WIPO Center would be available to provide information on the WIPO Mediation process to the other party. Should the other party be interested in participating in the WIPO Mediation process, such party shall sign and send the Request to the WIPO Center by email to arbiter.mail@wipo.int.
If the other party does not reply to the Request for WIPO Mediation, upon request of a party, the WIPO Center may appoint an external neutral to assist the parties in considering the Request for WIPO Mediation, in accordance with Article 4(b) of the WIPO Mediation Rules. The external neutral may act as mediator in the dispute provided all parties agree.
b) If both parties agree to refer a dispute to WIPO Mediation (Mediation Agreement), the parties shall:
i. Complete and sign the Request for WIPO Mediation.
ii. Send the Request to the WIPO Center by email to arbiter.mail@wipo.int.
The parties may agree in relation to the appointment of the mediator. Otherwise, the appointment shall take place in accordance with Article 7 of the WIPO Mediation Rules. The WIPO Center maintains a list of specialized mediators, in consultation with AGICOA. The WIPO Center will confirm the mediator’s impartiality and independence before appointment (Article 8 of the WIPO Mediation Rules).
The mediation shall be conducted in the manner agreed by the parties (Article 10 of the WIPO Mediation Rules). If, and to the extent that, the parties have not made such agreement, the mediator shall, in accordance with these Rules, determine the manner in which the mediation shall be conducted. Mediation meetings may take place in person or remotely, via teleconferencing or videoconferencing facilities, at the parties’ choice. The mediation will be confidential (Articles 15 to 18 of the WIPO Mediation Rules).
Reduced administration and mediator’s fees apply to disputes between AGICOA rightsholders.
| WIPO's Fee | Mediator's Fees |
|---|---|
| 50 Euros per party* | 100 Euros per party (includes 2 sessions of mediation with a maximum of 2 hours per session). Additional hours: 100 Euros per hour per party, up to a maximum of 1,000 Euros in total. |
* To be paid after all parties agree to refer the dispute to WIPO Mediation. The filing of a Request for Mediation in accordance with Article 4 of the WIPO Mediation Rules is not subject to administration fees. If the parties agree to continue with the mediation process, the administration fee required by the WIPO Center's Schedule of Fees and Costs will be applicable.
| Fees of the External Neutral (Article 4(b) of the WIPO Mediation Rules) |
|---|
| 100 Euros to be paid by the requesting party (includes 2 attempts to contact the parties) |
Payment Details Information
1. Payments to the WIPO Center shall be made by any of the following means only:
Bank transfer: Payments in Euro –
WIPO / OMPI
UBS SWITZERLAND AG (FORMERLY CREDIT SUISSE), ZURICH, SWITZERLAND
IBAN CH3304835048708082003; SWIFT Code CRESCHZZ80A
Credit card (for more information please contact arbiter.mail@wipo.int).
2. Payments by check or in cash will not be accepted.
3. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the Center shall be the responsibility of the party making the payment.
The WIPO Center also provides dedicated expedited arbitration services for AGICOA rightsholders.
| WIPO Arbitration and Mediation Center |
|---|
| 34, chemin des Colombettes 1211 Geneva 20 Switzerland T +4122 338 8247 or +41 800 888 549 (Free line within Switzerland) F +4122 740 3700 or +41 800 888 550 (Free line within Switzerland) E arbiter.mail@wipo.int |