WIPO

Introduction

The World Intellectual Property Organization (WIPO) is the global forum for intellectual property (IP) services, policy, information, and cooperation. It is a self-funding specialized agency of the United Nations, with 193 member states, and it is headquartered in Geneva, Switzerland. WIPO’s mission is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all. Its mandate, governing bodies and procedures are set out in the WIPO Convention,[1] which established WIPO in 1967.WIPO serves the world’s innovators and creators, ensuring that their ideas travel safely to the market and improve lives everywhere. WIPO does so by providing services that enable creators, innovators, and entrepreneurs to protect and promote their IP across borders and acting as a forum for addressing cutting-edge IP issues.[2]

WIPO’s IP data and information guide decisionmakers the world over. WIPO’s impact-driven projects and technical assistance ensure IP benefits for everyone, everywhere. WIPO helps governments, businesses and society realize the benefits of IP by providing a range of services, including a policy forum to shape balanced international IP rules for a changing world; global services to protect IP across borders and to resolve disputes; technical infrastructure to connect IP systems and share knowledge; cooperation and capacity-building programs to enable all countries to use IP for economic, social and cultural development; and a world reference source for IP information.[3]

WIPO and ADR

When it comes to dispute resolution, through its Arbitration and Mediation Center (WIPO AMC) WIPO offers Alternative Dispute Resolution (ADR) services for the resolution of IP and technology related disputes, as well as assistance in the promotion of IP ADR generally.[4] These procedures are particularly suitable for cross-border IP disputes, including digital copyright and content disputes,[5] and video games and esports disputes.[6] The WIPO Mediation,[7] Arbitration[8], Expedited Arbitration,[9] and Expert Determination[10] Rules provide for a neutral forum, in which disputes with international elements can be resolved through a single procedure. Also given its international neutrality, the WIPO AMC has the ability to attract stakeholders from diverse regions. Moreover, the WIPO AMC makes available cutting-edge video conference and case management tools, which allow for procedures to be conducted fully online. Parties engaging in WIPO ADR proceedings may also benefit from the WIPO List of Neutrals, whose members range from highly specialized practitioners and experts with expertise in the areas of patents, trademarks, copyright, designs, or other forms of IP and information and communications technology that is the subject of the dispute, to seasoned commercial dispute resolution generalists. At the same time, the WIPO AMC maintains an international open-ended List of Experts, which includes mediators, arbitrators, and experts from around the world combining legal, business, scientific, and/or technical expertise in the video games and esports sector. This list is open-ended, meaning that parties can also select a neutral third party from outside the list, preserving their autonomy. WIPO AMC has been involved in the resolution of over 2,800 IP, innovation, and technology disputes referred to WIPO Mediation, Arbitration, Expedited Arbitration, Expert Determination, and Good Offices, as well as co-administration schemes with national IP and Copyright Offices and Courts and other institutions.[11]

Based on the above, by utilizing WIPO ADR, parties within the esports industry can benefit from a well-established framework that combines the advantages of ADR mechanisms, the industry expertise of the WIPO AMC, and a proven history of successful case administration.

[1] WIPO, ‘Convention Establishing the World Intellectual Property Organization (as amended on September 28, 1979) (Authentic text)’ <https://www.wipo.int/wipolex/en/text/283854> accessed 20 March 2024

[2] WIPO, ‘Intellectual property knowledge, data and services are adding value around the globe’ <https://www.wipo.int/portal/en/index.html#services> accessed 20 March 2024

^[3] WIPO, ‘Inside WIPO’ <www.wipo.int/about-wipo/en/> accessed 20 March 2024

^[4] WIPO, ‘Alternative Dispute Resolution’ <www.wipo.int/amc/en/> accessed 20 March 2024

^[5] WIPO, ‘WIPO ADR for Digital Copyright and Content Disputes’ <www.wipo.int/amc/en/center/copyright/digitalcopyright/index.html> accessed 20 March 2024

^[6] WIPO, ‘WIPO ADR for Video Games and esports Disputes’ <www.wipo.int/amc/en/center/specific-sectors/videogames> accessed 20 March 2024

[7] WIPO, ‘WIPO Mediation Rules (effective from 1 July 2021)’ <www.wipo.int/amc/en/mediation/rules/> accessed 20 March 2024

[8] WIPO, ‘WIPO Arbitration Rules (effective from 1 July 2021)’ <www.wipo.int/amc/en/arbitration/rules/> accessed 20 March 2024

[9] WIPO, ‘WIPO Expedited Arbitration Rules (effective from 1 July 2021)’ <www.wipo.int/amc/en/arbitration/expedited-rules/> accessed 20 March 2024

[10] WIPO, ‘WIPO Expert Determination Rules (effective from 1 July 2021)’ </www.wipo.int/amc/en/expert-determination/rules/> accessed 20 March 2024

[11] WIPO, ‘WIPO Caseload Summary’ <www.wipo.int/amc/en/center/caseload.html> accessed 20 March 2024