WIPO Alternative Dispute Resolution for Green Technology and Sustainability

Disputes may occur in areas involving green technologies including renewable energy, carbon reduction, waste management, electrification, transport and other initiatives and collaborations aimed at developing and implementing sustainable innovation. Such disputes may relate to intellectual property (IP) issues and collaborations (such as licensing and research and development agreements, patented technologies, know-how, software or trademarks) as well as any other commercial collaborations.

With the urgent need for climate action, the risk of disputes related to sustainability and green technology is on the rise, and a considered choice of cost and time effective dispute prevention and resolution mechanisms is key to maintain business partnerships. WIPO alternative dispute resolution (ADR) procedures seek to create positive opportunities for party settlement. To date, 70% of WIPO mediation cases have concluded in a settlement between the parties.

The WIPO Center provides efficient ADR tools for disputes in the areas of sustainability and green technology, such as mediation, arbitration and expert determination. As time- and cost-efficient alternatives to court litigation, ADR allows parties to choose a mediator, arbitrator or expert with legal and technical expertise in this sector. It also provides a neutral forum in which disputes can be resolved through a single procedure and efficient enforcement of the outcome.

WIPO ADR Services for Green Technology and Sustainability

Selected Areas of Disputes

patents
trademarks
software
know-how and trade secrets
copyright
IP licensing

IP infringement
IP valuation
research and development
energy supply, transition and systems
transport and smart mobility

Potential Stakeholders to Dispute

companies
start-ups
inventors and scientists
research institutes

universities and technology transfer offices
joint ventures
service providers
associations

Administration of Disputes

The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for disputes related to green technology and sustainability.

The WIPO Rules are flexible and can also be applied in disputes that are not limited to IP. In its role as administering institution, the WIPO Center maintains strict neutrality and independence.

Procedural Guidance

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 areas of sustainability and green technology. This includes advice on the drafting and adaptation of ADR clauses in contracts and submission agreements, as well as helping to bring opposing parties to ADR.

WIPO Experts Specialized in Green Technology and Sustainability

To a large extent, effective proceedings depend on the quality of the mediator, arbitrator, or expert. The WIPO Center maintains an international open-ended List of Experts, which includes mediators, arbitrators, and experts from around the world combining legal, business, scientific, and/or technical expertise, including in the areas of green technology and sustainability. In cases conducted under the WIPO Rules, parties are not only able to appoint experts from this List, but can also select mediators, arbitrators, or experts from outside the WIPO List of Experts.

Collaboration with Concerned Stakeholders and Entities

The WIPO Center collaborates with stakeholders in the areas of green technology and sustainability to focus on how to provide effective ADR procedures that prioritize time- and cost-efficient dispute resolution, while preserving business relationships in this industry.

This may include organization of joint events and training, and establishment of adapted ADR frameworks and involves for example the following:

The WIPO Center collaborates in particular with WIPO GREEN. The WIPO Center offers a 25% reduction on its fees under the WIPO Rules to WIPO GREEN technology providers or seekers. WIPO ADR options are also included in the WIPO GREEN Licensing Checklist.
The WIPO Center also offers a 50% reduction to users of the DESCA model consortium agreement used as part of the EU Horizon program. The DESCA model consortium agreement recommends WIPO Mediation Followed, in the Absence of a Settlement, by WIPO Expedited Arbitration.

Summary of Case Examples

A WIPO Trademark Mediation of a Dispute in the Irrigation Industry

A dispute arose between a North American company and three European companies in relation to the use of similar trademarks in the European Union in the irrigation industry. As the parties wished to avoid confusion and misappropriation of their similar trademarks, and to regulate the future use of their marks, they submitted the dispute to WIPO Mediation.

The WIPO Center suggested to the parties a number of mediators with specific expertise in European trademark law. The mediator conducted an initial telephone conference and met with the parties in a two-day session. At the end of the meeting, the parties were able to draw up a settlement agreement covering all issues in dispute.

A WIPO Expedited Arbitration of an Agricultural Product Distribution Dispute

Two companies from Austria and Türkiye entered into a distribution agreement for the import and marketing of agricultural products in the territory of Türkiye. The agreement included a dispute resolution clause providing for WIPO Expedited Arbitration.

Two years after the conclusion of the agreement, the Austrian company filed a request for WIPO Expedited Arbitration seeking damages and declaratory relief for an alleged breach of the distribution agreement by the Turkish company. Following consultations between the parties and the WIPO Center, a sole arbitrator was appointed from the list of candidates submitted by the WIPO Center. The sole arbitrator considered documentary evidence and rendered a final award within seven months after the commencement of the arbitration.

A WIPO Arbitration of an Energy Dispute

A European energy company entered into a consortium agreement with a European research institution for the development of robot technologies. The agreement provided for a WIPO Arbitration clause.

Five years into the signing of the consortium agreement, the energy company alleged that the research institution used separately technology developed in relation to the consortium agreement and started WIPO Arbitration proceedings. Before a hearing was held, the Parties reached a settlement agreement resolving the dispute.

A WIPO Mediation of a Research and Development Dispute Concerning Renewable Energies

A number of universities and companies from various jurisdictions entered into a consortium agreement for the development of renewable energy technologies. The consortium agreement included a dispute resolution clause providing for WIPO Mediation.

One year into the signing of the consortium agreement, a dispute arose in relation to the participation of one of the parties in the consortium. The dispute was submitted to WIPO Mediation and with the help of a mediator experienced in research and development agreements, the parties reached a settlement in two months, using WIPO online tools.

Contact

WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland

T +4122 338 8247
F +4122 740 370

WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120

T +65 6225 2129
F +65 6225 3568

For additional information arbiter.mail@wipo.int