World Intellectual Property Organization

Filing Guidelines


Referral to WIPO expert determination is consensual. WIPO expert determination can only take place if both parties have agreed to such procedure by means of a WIPO expert determination clause in the relevant contract, or by means of a WIPO expert determination submission agreement.

How to submit a Request for WIPO Expert Determination?

A WIPO expert determination is commenced by a party submitting a Request for Expert Determination in writing to the WIPO Arbitration and Mediation Center. The Request for Expert Determination may also be jointly filed by the parties to the expert determination agreement.

  • The Request for Expert Determination should contain:
  1. a request that the dispute/difference be referred to expert determination under the WIPO Expert Determination Rules
  2. the names and full communication details of the parties and any representatives
  3. a copy of the expert determination agreement
  4. an indication of any rights and the nature of any technology involved
  5. any documents or other information which the party deems relevant to the determination
  6. observations on the scope and time frame of the expert determination
  7. any requests or observations relating to the appointment of the expert, including observations on the expected qualifications of the expert
  8. information on any legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to expert determination

    (WIPO Expert Determination Rules, Article 5)
  • The Request for Expert Determination should be sent by expedited postal or courier service or by fax or by e-mail to:
  1. WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel: (+41 22) 338 8247
    Fax: (+41 22) 740 3700
    arbiter.mail@wipo.int

    The Center recommends that, where appropriate, the Request for Expert Determination is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in a number of copies sufficient to provide one copy for each envisaged expert and one for the Center.
  2. The other party (WIPO Expert Determination Rules, Articles 3, 5)
  • The requesting party should pay the administration fee to the Center as required by Articles 5(b)(ix) and 20 of the WIPO Expert Determination Rules and the Center’s Schedule of Fees and Costs. The Center recommends that the requesting party make mention of such payment when submitting the Request for Expert Determination to the Center. The fee paid will be considered when the Center in due course renders an accounting of all fees and deposits.
  • Costs of expert determination, including the administration fee and the fees and expenses of the Expert, shall be borne in equal shares by the parties, unless they have agreed otherwise. (WIPO Expert Determination Rules, Articles 22, 23)
  • The requesting party may indicate in the Request for Expert Determination whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the expert determination proceedings. ECAF may be used by party agreement.

Upon receipt of the Request for Expert Determination, the Center shall inform the parties in writing of the receipt by it of such Request and of the date of commencement of the expert determination. (WIPO Expert Determination Rules, Article 6)

 

How to submit an Answer to the Request for WIPO Expert Determination?

When a Request for Expert Determination is not jointly filed by the parties, the party that has not filed the Request may submit, within 14 calendar days of the date of commencement of expert determination, an Answer to the Request.

  • The Answer to the Request:
  1. should reply to the particulars of the Request for Expert Determination; and
  2. should be accompanied by any additional documents or other information which the party deems relevant to the Determination

    (WIPO Expert Determination Rules, Article 7)
  • The Answer to the Request should be sent by expedited postal or courier service or by fax or by e-mail to:
  1. WIPO Arbitration and Mediation Center
    34 chemin des Colombettes
    1211 Geneva 20
    Switzerland
    Tel.: (+41 22) 338 8247
    Fax: (+41 22) 740 3700
    arbiter.mail@wipo.int

    The Center recommends that, where appropriate, the Answer to the Request is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in a number of copies sufficient to provide one copy for each envisaged expert and one for the Center.
  2. The requesting party (WIPO Expert Determination Rules, Article 3)
  3. The expert, if appointed prior to the deadline for submitting the Answer to the Request

The other party may indicate in the Answer to the Request whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the expert determination proceedings. ECAF may be used by party agreement.

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