WIPO ADR for FRAND Disputes

In recent years, the WIPO Arbitration and Mediation Center (the “WIPO Center”) has administered some 80 WIPO mediation cases relating to FRAND licensing negotiations. Under the WIPO Mediation Rules, the mediator facilitates licensing negotiations to help parties agree on FRAND licensing terms (“Deal Mediation”). In WIPO FRAND mediations where parties wish to involve an expert or a co-mediator with specific expertise (e.g., concerning essentiality, patent valuation), the WIPO Center is available to assist with such appointment (including from its list of neutrals for patent standards).

The WIPO Center makes available tailored model submission agreements that parties may use to refer a dispute concerning the determination of fair, reasonable and non-discriminatory (FRAND) terms to WIPO Mediation, WIPO Arbitration, WIPO Expedited Arbitration or WIPO Expert Determination. The WIPO model submission agreements seek to ensure a cost- and time-effective FRAND determination and have been developed further to a series of consultations conducted by the WIPO Center with leading patent law, standardization and arbitration experts from a number of jurisdictions. The WIPO Center also took into account comments made by some members and the Secretariat of the European Telecommunication Standards Institute (ETSI). The following options are available:

WIPO Mediation options:

• WIPO Mediation for FRAND Disputes
• In the absence of a mediation agreement: Unilateral Request for WIPO Mediation for FRAND Disputes

WIPO Arbitration options:

• WIPO Arbitration for FRAND Disputes
• WIPO Expedited Arbitration for FRAND Disputes

WIPO Expert Determination option:

• WIPO Expert Determination for FRAND Disputes

Multi-tier model submission agreements:

• WIPO Mediation followed by Arbitration for FRAND Disputes
• WIPO Mediation followed by Expedited Arbitration for FRAND Disputes

The WIPO model submission agreements build on the standard WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and propose a set of optional FRAND-specific features. The WIPO model submission agreements can be adapted by parties in line with their needs. They also can be adapted for use in WIPO contract clauses. The WIPO Center is available to assist parties in such exercise upon request.

To facilitate submission of FRAND disputes to WIPO ADR, the WIPO Center has published the document WIPO ADR Options for FRAND Dispute Management and Resolution. It aims at helping parties and neutrals to understand and make use of procedural options that are available at difference stages of the process.

The WIPO Center maintains a special list of mediators, arbitrators and experts for patent standards.

The WIPO Center remains open to further develop WIPO model submission agreements in line with policy developments of standard setting organizations.