The New Development Of WIPO Dispute Settlement Mechanism

World Intellectual Property Organization Arbitration and Mediation Center is primarily to provide non-litigation dispute resolution for the parties. To better solve international commercial disputes between private parties, the center specializes established the arbitrators and mediators repository composed of law and technical experts from the fields of ADR and intellectual property of many countries, and developed a unique set of rules to resolve the commercial disputes involving intellectual property, namely, WIPO Arbitration Rules, WIPO Expedited Arbitration Rules and WIPO Mediation Rules. In 2014 and 2016, WIPO Arbitration and Mediation Center respectively made significant changes to these rules.The characteristics of the WIPO Mediation Rules are comprehensive and detailed confidentiality obligations and mediator’s suggests for the resolution of disputes. Modified contents of the new mediation rules are mainly to refine the procedures for the appointment of mediator, and do some modifications to mediation fees charging. The characteristics of the WIPO Arbitration rules and WIPO Expedited Arbitration Rules are confidentiality and technicality. Modified contents of new WIPO Arbitration rules and New WIPO Expedited Arbitration Rules, mainly to the preparatory meeting to strengthen for the necessary procedures, new joint arbitration,consolidated and emergency relief measures, modify the interim measures of the appointment process and the provisions, refine the arbitration tribunal designated experts time and hearing on the scope of the cross examination. WIPO Expedited Arbitration is faster than WIPO Arbitration. In practice, WIPO dispute settlement mechanism has also made remarkable achievements.WIPO dispute settlement has characteristics of high degree of professionalism,truly international and neutrality, low cost, etc. In some way, this proves the feasibility of the specialized disputes resolution system. The dispute settlement of our country which takes the court mainly, the arbitration and the mediation method as a supplement exposes a lot of problems. To consummate our country intellectual property dispute resolution mechanism, we should make reference to WIPO dispute resolution mechanism, make and expand the scope of intellectual property arbitration clearly in China’s Arbitration Law, set up special arbitration and mediation center ofintellectual property in China Council for the Promotion of International Trade, and strengthen the importance of the principle of confidentiality and introduce preparatory meeting system in CIETAC Arbitration rules.