In a world fueled by innovation and collaboration, intellectual property (IP) plays a pivotal role in safeguarding creators’ rights and fostering growth. The WIPO-Singapore ASEAN Mediation Programme (AMP) emerges as a groundbreaking initiative, bringing together the worlds of intellectual property and alternative dispute resolution.
This program offers a unique platform for parties involved in IP disputes to seek amicable resolutions through mediation. By promoting open communication, collaboration, and consensus-building, the AMP encourages a more efficient and cost-effective route to resolving conflicts.
Eligibility for the Programme
The WIPO-Singapore AMP is available to a wide spectrum of entities operating within the ASEAN region, including businesses, startups, individuals, and organizations. Regardless of whether they hold patents, trademarks, copyrights, or other IP rights, the programme provides an inclusive platform to address disputes amicably.
Funding Scheme
For ongoing IP disputes involving ASEAN entities, the program offers financial assistance of up to SGD 8,000. This funding includes all costs related to mediation (subject to submission of relevant invoices) and will be shared equally among the disputing parties, unless otherwise agreed. The program’s administration fee is also waived.
The AMP’s scope reaches beyond merely settling disputes. Parties can harness the program’s financial backing for “deal mediation,” a process where a mediator assists in reaching agreements. This feature is particularly pertinent for situations such as ongoing patent licensing negotiations, where the ability to find common ground is paramount.
A distinctive advantage of the AMP is that successful mediation outcomes are not a prerequisite for funding disbursement. Irrespective of whether a dispute is resolved through mediation, parties can still apply for funding if they actively participate in the mediation process. This approach encourages engagement without the pressure of guaranteed success.
Conditions for Funding
To qualify for funding under the AMP, certain conditions must be met.
- Applications for funding should be made within the timeframe of 3/7/2023 to 31/12/2023.
- The participation of at least one party as an ASEAN national or entity is required.
- The mediation process must involve a Singapore-based mediator, while parties should mutually agree to share feedback and accept limited publicity.
- The mediation process is observed by a shadow mediator appointed by Singapore’s Intellectual Property Office.
- Parties cannot simultaneously claim funding under both the AMP and the Revised Enhanced Mediation Promotion Scheme for the same dispute.
How to Apply for AMP Funding
When you submit your Request for WIPO Mediation to the WIPO Center, please inform the WIPO Center that you would also like to apply for AMP funding. The WIPO Center will then provide further guidance regarding the conditions of AMP funding. To find out how to submit a Request for WIPO Mediation, please contact arbiter.mail@wipo.int or visit this link for WIPO mediation requests.
Conclusion
The WIPO-Singapore ASEAN Mediation Programme (AMP) simplifies IP dispute resolution by promoting dialogue and collaboration. It offers more than just solutions; it provides funding and a structured approach. As ASEAN nations continue to thrive in innovation, the AMP offers a bridge to resolving conflicts while nurturing growth. For more details, check out WIPO’s article here.
