Model Submission Agreement
1. We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute:
The dispute concerns the determination of FRAND terms relating to the Declaration[s] of [Name[s] of Company[ies]] to [Name of Standard-Setting Organization] and [list standard(s)] concerning [its/their patents referred to in the Declaration[s]] or [the following patents (each party shall select a maximum of [specify number] patents referred to in the Declaration[s]):]1:
Nothing in this agreement shall prevent any party from bringing any argument or defense it chooses in the mediation2.
2. The appointment of the mediator shall take place in accordance with the procedure set out in Article 7(a) of the WIPO Mediation Rules. In proposing candidates to the parties pursuant to Article 7(a)(i) of the WIPO Mediation Rules, the WIPO Arbitration and Mediation Center (WIPO Center) shall to the extent possible draw on its list of neutrals for patents in standards.
3. The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].
1At the time of the conclusion of the mediation submission agreement, parties have the option to limit the scope of the proceedings to a certain number of patents referred to in the Declaration, or to refer an entire patent portfolio to mediation. A selection of patents (“sampling”) may also be agreed by parties in the course of the proceedings. Parties further have the option to agree that the scope of the mediation shall include patents on a reciprocity basis / cross-licensing.
2 This may include patent essentiality, validity, infringement, and enforceability.