SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES THROUGH ARBITRATION AND MEDIATION



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WORKSHOP: SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES THROUGH ARBITRATION AND MEDIATION December 12 and 13, 2011 Manila, Philippines Organized by: Intellectual Property Office (IPO) of the Philippines and World Intellectual Property Organization (WIPO) Arbitration and Mediation Center

page 2 Monday, December 12, 2011 09.00-09.30 Registration 09.30-09.45 Opening - Andrew Ong, Deputy Director General, IPO of the Philippines, Manila - Erik Wilbers, Director, WIPO Arbitration and Mediation Center, Geneva 09.45-10.45 I. IP Disputes before the IPO of the Philippines Session Leaders: Lope Manuel, Gwen B. Crecia de Vera, Salvador P. Panga Jr., IPO of the Philippines, Manila 1. Description of procedures and types of disputes before the IPO of the Philippines 2. Choosing arbitration and mediation during the procedures 3. Effects of settlement for procedures before the IPO of the Philippines 10.45-11.00 Coffee Break 11.00-11.45 II. ADR for Intellectual Property Disputes - the WIPO Arbitration and Mediation Center Session Leader: Erik Wilbers 1. Basic principles of Mediation and WIPO Mediation Rules 2. Basic principles of Arbitration and WIPO Arbitration Rules 3. Role of the WIPO Arbitration and Mediation Center 4. Using ADR to avoid and resolve IP disputes 5. Pros and Cons of ADR in IP Disputes 6. Trends in IP based ADR 11.45-12.15 III. Examples of trademark and other IP disputes Session Leaders: David Perkins, Partner, Arnold & Porter (UK) LLP, London, Erik Wilbers 1. The long and winding road, Apple v. Apple 2. Examples of WIPO Mediations

page 3 12.15-13.30 Lunch 13.30-14.00 IV. Submitting to WIPO Mediation Session Leader: Erik Wilbers 14.00-14.30 V. Parties Preparation for the Mediation Session Leader: Peter Moody, Partner, BrookStreet des Roches LLP, Oxford 1. The lawyers role (i) Preparing the client for the mediation procedure (ii) Risk analysis (iii) Getting the other party to agree to mediation (iv) Preparing the case - Identifying BATNA, WATNA - Identifying mediation goals (v) Identifying required qualifications of the mediator 2. The parties role (i) Considering ADR options (ii) Instructing the lawyer on the case (iii) Identifying mediation goals 14.30-15.00 VI. Commencement of the Mediation Session Leader: Peter Moody 1. Submitting the Mediation Request 2. Selection and appointment of the mediator - Negotiating a suitable candidate - The WIPO Arbitration and Mediation Center s role 3. Preparing the mediation process with the mediator 15.00-15.30 VII. Preparatory Organization 1. Agreeing on the ground rules of the mediation: the Mediation Agreement 2. Initial (telephone) conference 3. Preparing the client for the mediation meeting (i) Determining party representation - decision making power / authority

page 4 (ii) Preparing the party statement 4. Exchange of documents 15.30-15.45 Coffee Break 15.45-16.15 VIII. The Role of the Different Actors at the Mediation Meeting 1. The mediator s role and techniques (i) The mediator s role - Facilitative - Evaluative - Combined - Ethical Standards (ii) The mediator s techniques - Active listening - Reframing - Balancing party power inequalities - Managing emotions 2. The lawyers role (i) Dividing participation with client (ii) Disclosing information 3. The parties role (i) Party statements (ii) Participation in negotiation (iii) Sharing business interests (iv) Cooperation in good faith 16.15-17.45 Role Play in Case Scenario and Discussion Sessions VII and VIII Tuesday, December 13, 2011 09.30-10.30 IX. The Mediation Meeting 1. Opening the mediation 2. Evaluating alternatives to settlement through mediation 3. Party statements 4. Identifying the issues in dispute

page 5 5. Exploring the parties interests 6. The mediator s techniques (i) Active listening (ii) Reframing 7. Caucus meetings 10.30-10.45 Coffee Break 10.45-12.15 Role Play in Case Scenario and Discussion Session IX. 1-7 12.15-13.30 Lunch 13.30-14.00 8. Exploring solutions, settlement, conclusion (i) Exploring possible alternative solutions (ii) Breaking deadlock (iii) Settlement - Terms of Agreement - Settlement Agreement - Enforceability (iv) Conclusion 14.00-15.30 Role Play in Case Scenario and Discussion Session IX. 8 15.30 Closing [End of document]

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