WIPO Mediation and Arbitration Workshop

Shanghai, China, October 18, 2018

Organized by the WIPO Arbitration and Mediation Center

In collaboration with:

Shanghai Intellectual Property Administration

With the support of:

Shanghai Commercial Mediation Center

Shanghai International Economic and Trade Arbitration Commission
(Shanghai International Arbitration Center)

Overview

For many companies, intellectual property has become an essential business asset as well as a means of creating value. It is being exploited on an increasingly international level in various forms of collaborative arrangements, such as licenses and technology transfer agreements and R&D agreements. As a consequence, parties increasingly look for dispute resolution mechanisms that match their business requirements: private procedures which provide efficient, flexible and less costly means of settling international disputes without disrupting commercial relationships.

WIPO Arbitration and Mediation Center

The WIPO Arbitration and Mediation Center (WIPO Center) offers Alternative Dispute Resolution (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, the WIPO Center is organizing a one-day Mediation and Arbitration Workshop in Shanghai on October 18, 2018.

Description

The purpose of the Workshop is to promote the understanding of participants of ADR options for the resolution of intellectual property disputes. The training will focus on the conduct of mediation and arbitration procedures, with particular reference to the practical case application of the WIPO Mediation, Arbitration and Expedited Arbitration Rules in international intellectual property and in particular patent disputes.

The format of the Workshop will consist of presentations by the instructors, in English and Chinese, 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, 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.

Faculty

The Workshop will be conducted by experienced mediators and arbitrators with extensive international experience, including exposure to intellectual property, technology issues, and entertainment transactions.

David Chen Shanghai Commercial Mediation Center Shanghai, China	Heinz Goddar Boehmert & Boehmert Munich, Germany	Christine Kang Junhe Beijing, China	Clement Ngai Baker & McKenzie Shanghai, China
Jing Ni Shanghai International Economic and Trade Arbitration Commission Shanghai, China	Joyce Tan Joyce A. Tan & Partners Singapore	Minjian You Co-effort Law Firm Shanghai,  China

Full profiles of the faculty are available at www.wipo.int/amc/en/events/workshops/2018/arbmed/shanghai/profile/index.html

Who Should Attend

The Workshop is designed for lawyers, patent and trademark attorneys, and business professionals wishing to familiarize themselves with international mediation and arbitration processes and to receive training as neutrals or party representatives.

Program

The Workshop will be devoted to the following subjects:

• Overview: WIPO Arbitration and Mediation Center, including the WIPO Rules
• Role of the WIPO Arbitration and Mediation Center
• WIPO Mediation and Arbitration Rules and WIPO Mediators and Arbitrators
• Basic Mediation and Arbitration Principles

• Intellectual Property Dispute Resolution

• The Conduct of a Mediation and the Role of the Different Actors
• Mediation Stages
• Selection and Appointment of the Mediator
• The Mediator’s Role and Techniques
• The Lawyers’ Role
• The Parties’ Role

• Concluding the Mediation
• Exploring Possible Alternative Solutions
• Settlement
• Conclusion

• Intellectual Property Arbitration
• Legal Framework
• Reputed Principles
• Points of Tension and the Role of the Arbitrator
• Special Features of IP Disputes in Particular Patent Disputes
• Benefits and Limitations of Arbitration in IP Disputes as Compared to Court Litigation
• Recent Developments in International Arbitration

• Arbitration Practices in Shanghai

• The Conduct of the Arbitration Proceedings
• Written Submissions
• Expedited Arbitration Compared to Arbitration
• Selection and Appointment of the Tribunal
• Evidence and IP
• Hearings
• Post-hearing Briefs
• Interim and Emergency Relief

• Awards
• Decision-Making
• Types of Awards
• Drafting the Award and Informal Scrutiny
• Remedies
• Costs
• Applications for Correction or Additional Award
• Post-Award Contact with Parties or Counsel
• Enforcement

• Drafting Effective Mediation and Arbitration Clauses and Submission Agreements for IP Disputes
• Examples of Clauses and Submission Agreements
• Choosing the Place of Arbitration
• WIPO Clause Generator

The full Program and other materials will be provided to confirmed registrants ahead of the Workshop.

Practical Workshop Information

Contact Details