Technical standards increasingly incorporate technology covered by patent rights. Many standard-setting organizations (SSOs) require participants in the standard setting process to disclose ownership of any standard-essential patents (SEPs), and to commit to license such SEPs to any third party on terms that are fair, reasonable and non-discriminatory (FRAND). If negotiation of FRAND licensing terms fails, arbitration and other Alternative Dispute Resolution (ADR) mechanisms allow consideration of a number of issues that may facilitate a time- and cost-efficient solution of the dispute.
The WIPO Arbitration and Mediation Center (WIPO Center) offers ADR procedures, in particular arbitration, mediation and expert determination, for the resolution of international commercial disputes between private parties.
To further promote ADR awareness among intellectual property and technology stakeholders in the context of FRAND licensing, the WIPO Center is organizing, jointly with the Max Planck Institute for Innovation and Competition and the Munich IP Dispute Resolution Forum, a one day WIPO Workshop on ADR for FRAND Disputes in Munich, Germany, on November 10, 2017.
The purpose of the Workshop is to promote the understanding of participants of ADR options for the resolution of FRAND disputes. The Workshop will focus on challenges for dispute resolution in the context of FRAND disputes, including in the context of emerging developments in the automotive industry, and will explore opportunities for ADR to resolve such disputes. In addition, the Workshop will offer practical information concerning the drafting of tailored ADR clauses and submission agreements for FRAND disputes, and FRAND arbitration case management.
The format of the Workshop will consist of presentations by the instructors, in English, with Q&A opportunities. After completion of the Workshop, participants will have a better understanding of the substantive components of international commercial mediation and arbitration in the context of FRAND Disputes, as well as the benefits and limitations of ADR in intellectual property disputes as compared to other dispute resolutions options, in particular court litigation. In addition, they will obtain practical information about the role of the WIPO Center in ADR proceedings, the WIPO Rules and WIPO model clauses.
The Workshop will be conducted by experienced lawyers, mediators and arbitrators with expertise in licensing and dispute resolution involving standardized technology.
Dominik Bauer Patent Licensing AUDI AG Ingolstadt Germany |
Trevor Cook WilmerHale New York USA |
Clemens Heusch Nokia Munich Germany |
Christian Loyau European Telecommunications Standards Institute (ETSI) Sophia Antipolis France |
David Perkins WIPO Mediator and Arbitrator London United Kingdom |
Claudia Tapia Ericsson Munich Germany |
Garrett Wong Bird & Bird LLP London United Kingdom |
Andrew Wynn Senior Managing Director FTI Consulting London United Kingdom |
Matthias Zigann Regional Court of Munich Germany |
The Workshop is designed for in-house and external lawyers, party representatives and neutrals wishing to familiarize themselves with international mediation and arbitration processes for the resolution of FRAND disputes.
The Workshop will include the following subjects:
The full Program and other materials will be provided to confirmed registrants ahead of the Workshop.
Venue | Timetable | Language |
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Max-Planck-Institut für Innovation und Wettbewerb Marstallplatz 1 80539 Munich, Germany | The program will run from 9 a.m. to 3.30 p.m. | English |
Participation | Registration fee | How to register |
Participation in the Workshop will be limited to 80 persons. Participation is subject to space availability and confirmation. | EUR 300 Note: If WIPO Mediation and Arbitration Workshop also attended: fee of EUR 500 for both events |
Please complete registration form and send it by email to delia.zirilli@ip.mpg.de |
WIPO Arbitration and Mediation Center World Intellectual Property Organization (WIPO) |
Max Planck Institute for Innovation and Competition (MPI) |
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34, chemin des Colombettes 1211 Geneva, Switzerland T +41 22 338 8247 E arbiter.meetings@wipo.int W www.wipo.int/amc/ |
Ms. Delia Zirilli Marstallplatz 1 80539 Munich, Germany E delia.zirilli@ip.mpg.de W www.ip.mpg.de |
Further information is available at: www.wipo.int/amc/en/events