Dialogue on Intellectual Property and Health

June 28, 2022

On June 10, 2022, WIPO launched the Dialogue on Intellectual Property and Health, a series of discussions with international organizations and partnerships working in the health sector, aimed at providing a forum for discussion of topics at the intersection of intellectual property and health.

The first event of the series was the Seminar on Alternative Dispute Resolution (ADR) for Life Sciences Disputes, in which participants from seven Geneva-based international organizations and global health partnerships discussed the use of Alternative Dispute Resolution methods to manage and resolve life sciences disputes.

Alternative Dispute Resolution refers to different methods that people use to settle their disputes outside the courts. Arbitration and mediation are among the most common of these methods. Some 15% of mediation and arbitration cases filed with the WIPO Arbitration and Mediation Center (WIPO Center) relate to life sciences. Disputes in this area cover a wide range of issues, including licensing agreements, purchase of health products, material transfer agreements, R&D agreements, patent ownership and infringement, and manufacturing and distribution agreements. There has been a growing use of mediation and arbitration clauses in life sciences contracts and agreements.

During the Seminar, speakers from the WIPO Center presented new WIPO ADR options to facilitate life sciences contract negotiation and dispute management. They also explained the advantages of using alternative dispute resolution mechanisms for intellectual property disputes, and the procedural rules that govern the WIPO ADR proceedings. These rules pre-structure the proceedings, but parties can modify them by arrangement.