WIPO Mediation Pledge by SEP holders to IoT SMEs

The WIPO Arbitration and Mediation Center (WIPO Center) offers tailored alternative dispute resolution (ADR) options for resolving SEP/FRAND disputes globally, and regularly administers SEP/FRAND-related mediations.

This WIPO IoT SME Mediation Pledge seeks to encourage the use of mediation to resolve impasses in SEP licensing negotiations involving an SME1 that manufactures or sells IoT devices (an IoT SME).

By agreeing to this IoT SME Mediation Pledge, a SEP holder commits that it will make an offer to enter into a confidential mediation, as conditioned below, with an IoT SME to seek to resolve the parties’ impasse over the terms of a license to SEPs owned by it (the “Prospective License”) before initiating against the IoT SME litigation or equivalent actions2 (if any) concerning any of the SEPs that are the subject of the Prospective License.

If the mediation offer is accepted, the SEP holder will not bring such actions against the IoT SME while the mediation is ongoing.

This commitment is subject to the IoT SME, or any entity on its behalf, having not brought litigation or equivalent actions2 against the SEP holder prior to its acceptance of the mediation offer and reciprocally agreeing not to initiate such actions during the mediation.



pledge

Download Request for WIPO Mediation Pledge by SEP holders to IoT SMEs

The SEP holder’s offer to mediate will be in accordance with the following conditions, unless the parties agree otherwise:

  1. The mediation will be submitted in accordance with the WIPO Mediation Rules.3
  2. The SEP holder will provide 30 days to the IoT SME to accept its mediation offer before the offer expires. The SEP holder may condition its offer for the mediation to be completed within 6 months from acceptance of the offer.
  3. The SEP holder and IoT SME commit to enable the mediator to obtain from them the information that is material to the negotiation and conclusion of the Prospective License agreement on FRAND terms, in accordance with recognized commercial practices. In the event that confidentiality obligations preclude disclosure of information in the context of the mediation directly to the mediator and/or other party, the party with the confidential information will agree to work with the mediator to try to provide the necessary information, although at no time will either party be required to breach confidentiality obligations.
  4. The SEP holder will pay two-thirds of the mediator’s fee and administration fees in accordance with the WIPO Mediation Schedule of Fees and Costs , capped at a reasonable and proportionate amount in line with recognized commercial practices.
The undersigned SEP holder agrees to be listed as a signatory to this WIPO IoT SME Mediation Pledge on WIPO’s website, until such time that it informs the WIPO Center in writing of its decision to withdraw the above-mentioned commitment.

The “SEP holder” includes any entity that is under the control of, controls or is under common control of the signatory.

Footnotes

1An IoT SME is defined herein as an entity that complies with the criteria specified in the EU recommendation 2003/361 (SMEs) and manufactures and/or sells IoT devices. This definition shall not apply to any entity that is a subsidiary, affiliate, or owned or directly or indirectly controlled by another entity that is not itself an SME. For the avoidance of doubt, IoT devices do not include mobile/cellular handsets.

2For the avoidance of doubt, litigation or equivalent actions include judicial, regulatory, or administrative actions or procedures that relate to the infringement, validity, enforceability, or essentiality of a relevant SEP, as well as competition-related actions and actions to determine the rate or other terms of the license.

3Request for WIPO Mediation pursuant to the WIPO Mediation Pledge by SEP holders to IoT SMEs.

Patent Owner Pledge Signatories To Date



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If you are an SEP holder and wish to join the Pledge, please contact us at arbiter.mail@wipo.int.

Contact Information

WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland

T +4122 338 8247
E  arbiter.mail@wipo.int

WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120

T +65 6225 2129
E  arbiter.mail@wipo.int