This blog was authored by the World Intellectual Property Office Arbitration and Mediation Center . The views expressed do not necessarily reflect the views or position of IP Australia, and should not be taken as constituting advice. If you require guidance specific to your situation, you should consider seeking professional advice.
When it comes to intellectual property (IP) and technology related disputes, going to court is not the only option, nor necessarily the best one. The World Intellectual Property Organization (WIPO) Arbitration and Mediation Center offers alternative routes to avoid having to resolve your dispute by way of court litigation.
The Good Offices Program run by the WIPO Arbitration and Mediation Center (WIPO Center) is a free, confidential and neutral service that helps parties to resolve their disputes outside of the courtroom, offering procedural support and guidance to facilitate a swift, efficient, and mutually agreeable resolution between disputing Parties.
What Is the WIPO Arbitration and Mediation Center?
Headquartered in Geneva, Switzerland, with an additional office in Singapore and a presence in China, the WIPO Arbitration and Mediation Center offers international, independent, and impartial alternative dispute resolution (ADR) services. These services are specifically tailored to meet the needs of intellectual property and technology disputes, across all types of matters and all countries. These services include mediation, arbitration, expedited arbitration, and deal mediation, serving as efficient, flexible alternatives to court litigation.
The Center works with parties across borders and sectors, from SME’s, multinational companies and universities to individuals, inventors, artists, startups, and collecting societies.
What are WIPO Good Offices services?
The Good Offices function(Opens in a new tab/window) of the WIPO Center assists parties when a dispute arises and the Parties are exploring ADR as a way to resolve their dispute, whilst avoiding court litigation. Parties often seek the services of the Good Offices when they do not have a pre-existing dispute resolution agreement in place. This is common in non-contractual disputes, infringement cases, or where a court case is already pending.
Through its Good Offices, the WIPO Center can:
- Provide procedural guidance on using WIPO ADR options and advise on which option is best suited to resolve the dispute at hand
- Facilitate communication between parties
- Assist with the submission of a dispute to mediation or arbitration
- Help parties use model submission agreements or invite the other party to participate in a mediation (Unilateral Request for Mediation)(Opens in a new tab/window), in accordance with the WIPO Mediation Rules(Opens in a new tab/window).
Importantly, the Good Offices support is free of charge, with no obligation to proceed further unless both parties agree to initiate an ADR process.
Who can use the Good Offices service?
WIPO’s services are available to everyone around the world, including:
- Small businesses and startups
- R&D centers and universities
- Artists, inventors and individuals
- Museums and cultural institutions
- Large corporations
- Collecting societies and producers.
Regardless of the size, location or nature of the party, the WIPO Center aims to provide neutral, cost-effective, and accessible options to help parties to resolve their dispute efficiently.
WIPO’s main dispute resolution options
Once both parties agree to proceed beyond Good Offices, they can choose from several structured procedures:
- Mediation: A non-binding, facilitated negotiation led by a neutral mediator.
- Arbitration: A binding process where an arbitrator (or panel) makes a final and enforceable decision.
- Expedited Arbitration: A streamlined arbitration with faster timelines and reduced costs.
- Mediation followed by Arbitration: A two-stage option that starts with mediation and moves to arbitration if no agreement is reached.
Why consider WIPO ADR?
While WIPO’s ADR procedures are particularly well suited to cross-border IP disputes, they are equally effective for parties engaged in domestic disputes, as the WIPO alternative dispute resolution procedures provide:
- A Single procedure for single or multi-jurisdictional disputes
- Faster and more cost-effective solutions than court litigation
- Flexibility in selecting applicable law, language, and venue
- Neutral forum with no home-court advantage
- Access to highly specialised IP and tech experts as mediators or arbitrators
- Confidentiality protected under WIPO rules
- Modern rules designed specifically for IP, technology, and innovation-related disputes.
What does it cost?
The Good Offices service is entirely free. If the parties proceed to mediation, arbitration, or another ADR mechanism, the WIPO Center will charge an administrative fee, and fees will be payable to the mediator or arbitrator. All costs are outlined in the WIPO Schedule of Fees, and the WIPO Center operates on a not-for-profit basis, to keep fees and costs as affordable as possible. Parties such as SME’s and individuals can benefit from a 25% reduction of administrative fees. Additionally, Australian parties involved in disputes with entities based in ASEAN Member States may be eligible for financial support through the WIPO-ASEAN Mediation Programme (AMP+).(Opens in a new tab/window) More information on fees and costs can be viewed on our webpage(Opens in a new tab/window).
Final thoughts
The WIPO Arbitration and Mediation Center, through its Good Offices and ADR services, offers a flexible alternative to court litigation.
Whether you are a startup navigating licensing challenges, a university involved in an R&D dispute, or a creator facing infringement issues, WIPO's tools can help you resolve disputes efficiently and constructively, whilst avoiding lengthy and costly court litigations.
For more information or to explore whether WIPO’s Good Offices services are right for your situation, contact us directly.
Or visit:
WIPO AMC | WIPO(Opens in a new tab/window)
(Opens in a new tab/window)Clauses | WIPO(Opens in a new tab/window)
Newsletter ADR(Opens in a new tab/window)
Webinars(Opens in a new tab/window)
LinkedIn(Opens in a new tab/window)