Plan how IP disputes will be handled via contracts

This IP First Response website has been designed to help IP rights holders navigate IP infringement and enforcement by making it visible, accessible, and to provide information about the factors involved in pursuing different options. It does not provide legal, business or other professional advice, and none of the content should be regarded as recommending a specific course of action. We welcome any feedback via our IP First Response feedback form and by emailing us.

What is it?

The WIPO Clause Generator is a free online tool developed by the World Intellectual Property Organization Arbitration and Mediation Centre (WIPO AMC). It helps you draft contract clauses that refer intellectual property (IP) disputes to WIPO’s dispute resolution services - particularly useful for agreements involving overseas partners or cross-border transactions. The model Alternative Dispute Resolution (ADR) clauses contain the principal elements of a clause to avoid any ambiguity that may later complicate and delay the dispute resolution of a dispute.

There are a range of provisions and clauses which can be included in contracts relevant to your situation, which may not be covered by the WIPO Clause Generator. A legal professional can help tailor contacts to reflect your business, the jurisdiction, as well as your preferred resolution options.

The WIPO Clause Generator covers common forms of (ADR) offered by WIPO, such as mediation, arbitration, expedited arbitration, and expert determination. These options are often built into commercial contracts to help avoid costly and time-consuming court action. The tool also guides you through standard clause elements - like naming a mediator or arbitrator, identifying their qualifications, setting a preferred location and language, and agreeing how long to wait before escalating to the next step.

The generator works for both future contracts (using model clauses, which set out in advance how any disputes will be handled) and current disputes (using submission agreements, which allow both parties to agree - after a dispute has already begun - to use WIPO to resolve it). Using the tool may also serve as a prompt for parties to discuss and align their dispute preferences early, creating a clearer path forward if things go wrong later.

WIPO is recognised globally as the leading body for resolving IP disputes, and their recommended clauses reflect global standard-practice. The tool is a helpful way to plan how IP disagreements could be handled, especially in international business settings – though it should not be mistaken for tailored legal advice.

What are the benefits?

The WIPO AMC is specialised in IP and technology disputes and offers time and cost efficient ADR options.
Helps you clearly set out in your contract how international IP disputes will be managed through confidential and neutral dispute resolution processes such as mediation or arbitration.
Helps you explore widely recognised ADR options — including mediation, arbitration, expedited arbitration and expert determination — and guides you through common decisions often built into contracts. These include choosing the type of process, naming a mediator or arbitrator, setting expectations around their qualifications or expertise, agreeing on the location and language of proceedings, online conduct of proceedings, and specifying how long to wait before escalating to the next step.
Suitable for both drafting new contracts and resolving existing disputes.
Can be used for both new contract drafting and resolving existing disputes.
Free to use and easy to customise.

What are the risks?

As a free, automated tool, it does not replace tailored legal advice.
Poorly drafted clauses may miss key protections or overlook important details. As this is a general-purpose tool, using it without help from a qualified IP professional may not address your specific needs, industry standards or jurisdictional issues. For example;
You may be less able to seek resolution within Australia if you commit to international resolution processes, or
You may wave certain rights such as the ability to appeal a decision after arbitration.
Contact clauses may not suit all situations - particularly if your dispute requires court enforcement or urgent remedies.
Requires agreement from both parties to be effective.
While WIPO ADR outcomes are widely respected, enforcing awards across borders may still need legal assistance.

What are the possible outcomes?

A ready-to-insert clause referring potential future IP disputes are added and agreed to by both parties and signed into contracts.
Using the clause-generator helps both parties explore and discuss their preferences; negotiating from a standard starting point.
Parties do not reach an agreement and no clause is included in the contract.

What might the costs be?

There is no cost to use the WIPO Clause Generator, but if a dispute arises and the clause is triggered, costs may include:

Mediator or arbitrator fees based on complexity and duration.
WIPO administrative fees. SME’s and individuals are entitled to a 25% reduction of fees.
The WIPO Center offers free online case administration tools and procedural advice to Parties.
Legal or professional support fees.

How much time might be involved?

Drafting a clause takes under 10 minutes with the tool.

How much is this used?

In 2024, the WIPO Arbitration and Mediation Center (WIPO AMC) was involved in the resolution of 858 intellectual property (IP), innovation, and technology disputes.

Larger businesses will typically include provisions to resolve disputes in their contracts, though this can be overlooked by smaller businesses.

Who can use this?

Any business entering into a contract that may involve IP issues – particularly international contracts.
Businesses with existing disputes they wish to refer to WIPO Arbitration and Mediation Center

Who’s involved?

The contracting parties (e.g. buyer, supplier, licensee, licensor).
WIPO Arbitration and Mediation Center.
The mediator, arbitrator or expert (if dispute arises).
Optional: Legal or IP professionals to assist with drafting and negotiation contracts.

What do you need to proceed?

A contract (existing or planned) where IP matters may arise.
It will be useful to have a basic understanding of alternative dispute resolution (ADR) options.
The WIPO Center is available to assist with free procedural advice in generating the clauses: arbiter.mail@wipo.int
Optional: Support from an IP attorney or legal expert, especially for high-value or complex agreements.