IPOS is committed to the just, quick and cost-effective resolution of IP disputes. Our Hearings and Mediation Department (HMD) helps resolve various IP disputes, such as those concerning the registration of trade marks, patents and registered designs. We also foster an environment that encourages the resolution of IP disputes through alternative dispute resolution (ADR). We are the first IP Office in the world to partner the World Intellectual Property Organization (WIPO), to offer ADR services through the WIPO Arbitration and Mediation Center.
Choosing your dispute resolution mode
It is important at the outset of an IP dispute to know how you wish to handle the dispute. Your preferences and objectives will influence the dispute resolution mode. For example, if confidentiality is very important to you, you may choose a dispute resolution mode that is more private (such as mediation or arbitration) so that details of the dispute will not be made public. If you wish to retain more control over the conduct and outcome of the dispute, you may likewise select an alternative dispute resolution mode (such as negotiation and mediation) instead of going to the courts or coming to IPOS (where relevant). If you wish to have a say in the selection of someone who has the specialized experience or expertise to decide your IP dispute, you may choose arbitration. The following diagram shows the possible considerations you may have in deciding which dispute resolution mode to adopt. Click here to see an enlarged diagram or to print.
The role of mediation
We have introduced a mediation element to IPOS proceedings. HMD ensures that parties, where possible, explore mediation as an alternative to adjudication. This can often aid an amicable settlement of the dispute. For more information on the procedure incorporating mediation, please click here.
The role of expert determination
We have introduced an expert determination element to patent proceedings. HMD ensures that parties in a patent dispute, where possible, explore expert determination to resolve issues in their dispute as an alternative to adjudication. For more information on the procedure incorporating expert determination, please click here.
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