Mediation and arbitration

The Spanish Patent and Trademark Office (SPTO) and the World Intellectual Property Organization (WIPO) work together to promote Alternative Dispute Resolution (ADR) in Industrial Property matters through the WIPO Arbitration and Mediation Center.

ADR consists of alternative procedures for resolving disputes without resorting to the courts, including expert determination, mediation and arbitration. The aim of these procedures is to reach an agreement quickly and efficiently, reducing costs in terms of time and money for the parties in conflict.

These procedures include the following features:

• Expert determination: a procedure in which the parties submit a specific issue (e.g. technical matter) to one or more experts who will decide on the matter, which can be binding if the parties have not agreed otherwise.

• Mediation: informal, consensual and non-binding procedure, in which the mediator assists the parties in concluding an agreement to resolve a dispute. This agreement is based on the respective interests of the parties and not only on the strict application of rights and obligations under a specific law. The mediator cannot impose a decision and the agreement has the validity of a contract.

• Arbitration: a procedure by which the parties submit a dispute to one or more arbitrators to obtain a binding and final decision based on rights and obligations under an applicable law. The decision is enforceable as a ruling under arbitral legislation.