WIPO-USPTO Collaboration on FRAND Disputes

WIPO-USPTO Collaboration on FRAND Disputes

WIPO-USPTO Collaboration on FRAND Disputes
WIPO and the United States Patent and Trademark Office (USPTO) signed an agreement to cooperate with a view to facilitating the resolution of disputes related to standard essential patents (SEPs). WIPO Director General Daren Tang expressed that “Alternative Dispute Resolution (ADR) has time and again demonstrated its value in the efficient and timely resolution of commercial disputes. In the last few years, the WIPO Arbitration and Mediation Center has been facilitating the resolution of SEP-related disputes, and the new collaboration with the USPTO is an exciting development that will contribute to improving the efficiency of standard implementation”. He met with USPTO Director Katherine Vidal on the sidelines of the Assemblies of the Member States of WIPO, held in Geneva in July. To date, the WIPO Center has administered over 60 mediation cases concerning the determination of fair, reasonable, and non-discriminatory (FRAND) terms.

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WIPO ADR for FRAND Disputes

In recent years, the WIPO Arbitration and Mediation Center (the “WIPO Center”) has administered more than 60 WIPO mediation cases relating to FRAND licensing negotiations.

The WIPO Center makes available tailored model submission agreements that parties may use to refer a dispute concerning the determination of fair, reasonable and non-discriminatory (FRAND) terms to WIPO Mediation, WIPO Arbitration, WIPO Expedited Arbitration or WIPO Expert Determination. The WIPO model submission agreements seek to ensure a cost- and time-effective FRAND determination and have been developed further to a series of consultations conducted by the WIPO Center with leading patent law, standardization and arbitration experts from a number of jurisdictions. The WIPO Center also took into account comments made by some members and the Secretariat of the European Telecommunication Standards Institute (ETSI). The following options are available:

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