NIPC News

World Intellectual Property Organization, Geneva Author Emmanuel Berrod  Licence CC BY-SA 4.0   S ource     Wikimedia Commons   Jane Lambert I mentioned the government's consultation on standard essential patents in  Latest Consultation on Standard Essential Patent Licensing   on 18 July 2025.  One of the topics is "Tell us how alternative dispute resolution services work for standard essential patent disputes."   According to its "WIPO ADR for FRAND Disputes" page , the WIPO Arbitration and Mediation Centre has administered some 80 WIPO mediation cases relating to FRAND licensing negotiations. Here are examples of some of the disputes that the Centre has handled: "Mediations between large SEP holders and implementers in Asia and Europe to facilitate the agreement of FRAND licensing terms. Requests for WIPO Mediation relating to licensing negotiations between patent pool administrators and implementers in relation to ongoing unsuccessful...

By Kai Hendry from London, UK - Televised Star Craft, - Stork vs JJU 1, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=2531978   Jane Lambert According to the European Union Intellectual Property Office, the worldwide e-sports industry is worth over US$200 billion and has about 3 billion players (see James Nurton Game on: Navigating intellectual property in esports ,  10 June 2024 EU IPO website).  The appeal of e-sports is likely to increase with the establishment of the Olympic Esports Games .  A lot of money is invested in branding, technology and content creation, which will be protected by trade marks, patents, copyrights and other intellectual property rights. Infringement and licensing of those rights are likely to give rise to disputes between parties in different countries that cannot conveniently be resolved by litigation.  The Esports Integrity Commission (ESIC ) and the World Intellectual Property Organization have recently launched...

Jane Lambert First Published 2 Nov 2011 JD Supra, Revised 30 Jan 2017 Essentially, there are two ways of resolving any kind of dispute: the parties can agree to settle; or  a third party, such as a judge, arbitrator or hearing officer , imposes a settlement on them.  They are not mutually exclusive. Some issues in a dispute may be settled by one method while other issues may be settled by another. Agreed Settlement There are two routes to an agreed settlement: Direct negotiation between the parties; or Mediation, that is to say, negotiation facilitated by a third party known as “a mediator”. There are also two negotiation strategies, namely positional and principled negotiation. Mediation developed out of principled negotiation. Direct Negotiation P ositional Negotiation:   The parties bargain. One side begins by demanding more than it expects to get while the other offers less than it expects to give. In subsequent exchanges, the pa...