Mediation for Intellectual Property and Technology Disputes Pending before Courts in Singapore
The WIPO Center collaborates with the Ministry of Law of Singapore (MinLaw) and the Intellectual Property Office of Singapore (IPOS) in the promotion of the use of ADR options for intellectual property (IP) disputes in Singapore.
Under the Singapore Mediation Act 2017, the WIPO Center has been designated as mediation service provider in Singapore. Parties can refer to WIPO Mediation their IP and technology disputes pending before courts in Singapore. The settlement agreement resulting from WIPO mediation can be recorded as an order of court. This allows the agreement to be directly and immediately enforceable as a court order in Singapore should there be a breach of its terms subsequently.
Disputes may be related to patents, trademarks, copyright, trade secrets, geographical indications, and other technology-related proceedings pending before courts in Singapore. The WIPO Mediation option may be especially advantageous where these cases involve parties from different jurisdictions.
WIPO mediation proceedings can be conducted in the manner agreed by the parties, including the online conduct of the proceedings. Timelines can accommodate any specific requirements of the court proceedings.
WIPO List of Mediators
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 Singapore and the region with expertise in IP and technology, including trademarks, patents, industrial designs and geographical indications. They can be appointed in WIPO mediations by parties to disputes pending before Singaporean courts but parties are also free to select mediators, arbitrators or experts from outside the WIPO Panel.
How to refer a dispute to WIPO Mediation?
If both parties agree to refer a dispute pending before courts in Singapore to WIPO Mediation, the parties shall:
- Complete and sign the Mediation Agreement.
- Send the Mediation Agreement to the WIPO Center by email to arbiter.mail@wipo.int.
Any further enquiries may be directed to the WIPO Center at arbiter.mail@wipo.int.
How much does WIPO Mediation cost?
Reduced WIPO administration and mediator’s fees apply to cases referred by courts in Singapore.
| Amount in Dispute | Administration Fee | Mediator’s Fees |
|---|---|---|
| Up to SGD 250,000 | SGD 50 per party | SGD 2,500(*) |
| Over SGD 250,000 | SGD 300 – SGD 600 per hour(**) |
(*) Indicative rates for 10 hours of preparation and mediation.
(**) Indicative rates.
- The value of the mediation is determined by the total value of the amounts claimed.
- After consulting with the parties and the mediator, the WIPO Center shall determine the final amount to be paid to the mediator, taking into consideration the hourly rates and other factors such as the complexity of the subject matter of the dispute of the mediation, the total time spent by the mediator, the diligence of the mediator and the rapidity of the mediation proceedings.
Payments to the WIPO Center shall be made by the following means only:
Deduction from Current Account at WIPO
Bank transfer
- Payments in SGD: WIPO Account IBAN CH1104835048708082011, Credit Suisse, CH-1211 Geneva 70, Switzerland, Swift Code: CRESCHZZ80A
- Payments in USD: WIPO Account IBAN CH6804835063039782000, Credit Suisse, CH-1211 Geneva 70, Switzerland, SWIFT Code CRESCHZZ80A
(When making the transfer, please indicate the purpose of the payment, including the case reference if available, and in cases subject to the WIPO Rules the names of the parties to the proceeding.)
Credit Card
For more information please contact arbiter.mail@wipo.int
- Payments by check or in cash will not be accepted. Checks will be returned to the sender.
- 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.
Expert determination is a consensual ADR service offered by the WIPO Center in which a technical, scientific or related business issue between the parties is submitted to one or more experts who make a determination on the matter. Parties can refer technical issues to WIPO Expert Determination in the course of court litigation in Singapore.
The principal characteristics of expert determination are:
Expert determination is consensual
- The parties choose the expert(s) with relevant expertise
- Expert determination is neutral and flexible
- Expert determination is a confidential procedure
- The determination of an expert is binding, unless the parties agree otherwise
- Expert determination is a flexible procedure
Examples of matters that may benefit from expert determination include:
- The valuation of intellectual property assets or the determination of royalty rates;
- The interpretation of the claims of a patent;
- The extent of the rights that are covered by a license;
- The assessment of damages.
Parties involved in proceedings pending before courts in Singapore may submit their entire dispute or a specific technical or scientific issue to WIPO Expert Determination by filing their agreement for WIPO Expert Determination with the WIPO Center.
Contact
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
E arbiter.mail@wipo.int
W www.wipo.int/amc
WIPO Arbitration and Mediation Center (Geneva)
Chemin des Colombettes 34
1211 Geneva 20
Switzerland
T +4122 338 8247
E arbiter.mail@wipo.int
W www.wipo.int/amc