WIPO Tariff Scheme Dispute Resolution Protocol
Supplementary Protocol to the WIPO Expert Determination Rules
This Protocol supplements the WIPO Expert Determination Rules (the “Rules”) as adapted for the resolution of tariff scheme disputes between collective management organizations (CMOs) and users of their repertoire.
Where this Protocol does not provide otherwise, the Rules shall apply. In the event of any inconsistency between this Protocol and the Rules, this Protocol shall prevail.
Where this Protocol does not provide otherwise, the Rules shall apply. In the event of any inconsistency between this Protocol and the Rules, this Protocol shall prevail.
i. Scope
This Protocol applies to disputes concerning the establishment, interpretation, application, or reasonableness of a tariff scheme, including royalty calculations.
ii. Commencement
Either party may commence a proceeding by filing a Request for Expert Determination with the WIPO Arbitration and Mediation Center (WIPO AMC) using the online filing form.
The party commencing the proceeding shall state in the filing form that the dispute shall be resolved in accordance with the WIPO Tariff Scheme Dispute Resolution Protocol.
The party commencing the proceeding shall state in the filing form that the dispute shall be resolved in accordance with the WIPO Tariff Scheme Dispute Resolution Protocol.
No administration fee is payable at the time of filing the Request.
iii. Time Limit for Submission of Answer to the Request
For the purposes of proceedings under this Protocol, Article 8(a) of the Rules shall apply as follows: the Responding Party shall submit its Answer to the Request within 10 calendar days of the date of commencement of the Expert Determination.
Failure to submit an Answer within this period shall not prevent the proceedings from continuing pursuant to Article 15 of the Rules.
Failure to submit an Answer within this period shall not prevent the proceedings from continuing pursuant to Article 15 of the Rules.
iv. Appointment of Expert
Upon receipt of the Answer or expiry of the period in Article 3, the WIPO AMC shall promptly appoint a qualified expert from its Panel of Neutrals with specialist expertise in copyright collective management and tariff rate-setting, in accordance with Article 9 of the Rules.
The Expert is appointed by WIPO and acts in an independent personal capacity.
The Expert is appointed by WIPO and acts in an independent personal capacity.
v. Time Limit for Determination
The Expert shall issue the written Determination within 30 calendar days of the date of appointment. This period may be extended by the WIPO AMC in exceptional circumstances, upon reasoned request by the Expert or a party.
vi. Effect of the Determination
Unless the parties have agreed otherwise, the Determination shall be binding on the parties in accordance with Article 17(f) of the Rules.
The Determination is issued by the Expert, not by WIPO. WIPO’s role is limited to administration and appointment. Neither party may represent the Determination as a decision of WIPO.
The Determination is issued by the Expert, not by WIPO. WIPO’s role is limited to administration and appointment. Neither party may represent the Determination as a decision of WIPO.
vii. Fees
The applicable administration fees and Expert fees are fixed by the WIPO AMC in consultation with the Expert and the parties, taking into account any amount concerned, the complexity of the matter referred to expert determination, any comparable rates for an expert in the relevant area of expertise and any other relevant circumstances of the case, in accordance with Articles 21 and 22 of the Rules.
viii. Confidentiality
All proceedings conducted under this Protocol are confidential in accordance with Article 16 of the Rules. The existence of the proceedings, the submissions, and the Determination may not be disclosed to any third party except as provided in that Article.