As part of the WIPO ADR Services for Specific Sectors, the WIPO Center provides dispute resolution advice and case administration services to help parties resolve disputes arising in the area of CMOs, without the need for court litigation.
Disputes in the area of CMOs may involve a wide range of highly specific subject matter involving copyright or related rights. CMOs may themselves get involved as parties in such disputes together with other stakeholders, such as cable operators or broadcasters. Members of CMOs may also get involved in disputes with each other, particularly when there are overlapping claims to the amounts collected.
As a flexible and confidential mechanism, ADR helps parties in such disputes to adopt practical and satisfactory solutions. ADR allows parties to choose a mediator, arbitrator or expert with specific expertise in the area of copyright and CMOs. It provides a neutral forum in which an international dispute can be resolved through a single procedure. Moreover, ADR may be designed in a way so as to allow for efficient enforcement of the outcome.
The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for CMOs disputes.
The WIPO Rules are flexible and can also be applied in disputes that are not limited to intellectual property. In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
Examples of WIPO cases in this area include a WIPO mediation related to a dispute between a US collecting society and a European entity which acted as the US society’s exclusive agent to obtain levies in the European country. Three years after the conclusion of the contract, which provided in case of dispute for WIPO mediation followed, if unsuccessful, by WIPO arbitration, the US society notified the termination of the contract, alleging that the European entity lacked official accreditation. The European entity initiated WIPO mediation proceedings claiming damages and lost profits for wrongful termination of the contract.
Other examples involving CMOs include a dispute between a European right holders association and a European cable operator over royalty claims, and a dispute that arose between two European CMOs out of a reciprocity agreement.
Effective proceedings to a large extent depend on the quality of the mediator, arbitrator or expert. The WIPO Center maintains an open-ended Panel, including mediators, arbitrators and experts from around the world with expertise in CMOs. They can be appointed by parties in cases under WIPO Rules but parties are also free to select mediators, arbitrators or experts from outside the WIPO Panel.
The WIPO Center makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to ADR.
Upon request, the WIPO Center provides procedural guidance to interested parties and organizations in the area of CMOs. This includes advice on the drafting and adaptation of ADR clauses in contracts related to CMOs and submission agreements, as well as helping to bring disputing parties to ADR.
The WIPO Center also organizes training and workshops on mediation, arbitration and related topics.
Where appropriate in light of the needs of the relevant stakeholders, the WIPO Center provides guidance in the establishment of adapted ADR frameworks, including Rules, fees and clauses, and provides administrative services thereunder.
To optimize dispute resolution in the area of CMOs, the WIPO Center collaborates with relevant stakeholders and organizations. This may include organization of joint events and training, and establishment of adapted ADR frameworks, and involves for example the following:
The WIPO Center is available to collaborate with other interested stakeholders.
| Arbitration and Mediation Center Geneva |
Arbitration and Mediation Center Singapore |
|---|---|
| 34, chemin des Colombettes P.O. Box 18 1211 Geneva 20 Switzerland T +4122 338 8247 or 0800 888 549 F +4122 740 3700 or 0800 888 550 |
Maxwell Chambers 32 Maxwell Road #02-02 Singapore 069115 T +65 6225 2129 F +65 6225 3568 |
General queries: arbiter.mail@wipo.int