THE ROLE OF THE WIPO ARBITRATION AND MEDIATION CENTER IN INTELLECTUAL PROPERTY DISPUTES

Abstract

Legal, economic and social entities in the 21st century operate in a technological age characterized by a high degree of innovation, competition and digitalization. This way of functioning contributes to the development of intangible rights, and thus to the development of intellectual property. The use and enforcement of intellectual property rights is characterized by the emergence of disputes that require a system of adequate resolution. The purpose of this paper is to determine the suitability of intellectual property disputes for alternative dispute resolution methods. The focus is on the main international institution in the field of intellectual property, the World Intellectual Property Organization (WIPO). Within this institution there is an Arbitration and Mediation Center that promotes alternative dispute resolution in the field of intellectual property. Through the application of the method of analysis, in the paper have been determined the position of the WIPO Arbitration and Mediation, its functioning and administrative structure. The Center has rules through which the parties to the dispute are offered a choice of different procedures guided by the nature of the dispute. The use of the method of comparison in the paper contributed to diagnose the advantages and disadvantages of alternative methods for resolving intellectual property disputes. The paper synthesizes conclusions and guidelines that define the necessary development of procedures and the application of alternative methods of dispute resolution, taking into account the development of technology, global trends and the nature of intellectual property rights.