The World Intellectual Property Organization (WIPO) has published the transcript of Episode 7 of the Podcast on "Resolving Copyright and Content-Related Disputes in the Digital Age." This episode addressed mediation as an alternative means to resolve conflicts in a constantly evolving digital environment.
The podcast emphasizes the value of intellectual property rights as an essential tool to protect the economic impact of cultural and creative industries, as well as the rights of creators. It acknowledges that the advent of the Internet has revolutionized the production, distribution, and consumption of protected content in the digital environment, expanding audiences.
Key challenges faced by rights holders are discussed, such as the persistent value gap—the difference between the revenues of content service providers and those of rights holders—highlighting the need to end the inequality between the earnings of rights holders and those who exploit their works and protected performances. The importance of improving information channels regarding settlements for the use of digital content is also emphasized, along with achieving a balance in exceptions and limitations to intellectual property rights to foster innovation and public interest while respecting the rights of holders.
The podcast promotes Alternative Dispute Resolution (ADR) as a faster and more economical alternative to traditional litigation in the field of intellectual property rights, especially in the digital realm. ADR procedures include mediation and arbitration, providing flexibility, speed, and a collaborative approach to addressing complex disputes in technical and legal terms. It emphasizes that in the digital realm, where complicated technical and legal issues may arise, mediation plays a crucial role by involving a neutral third party that facilitates finding solutions without imposing decisions.
From an economic perspective, the podcast underscores the significant advantages of ADR. Additionally, it emphasizes that ADR contributes to maintaining business relationships by avoiding direct conflicts with the other party involved in mediation.
Regarding legislative improvements in ADR, the European Union's Digital Services Act is highlighted as an example. This law applies to all digital services connecting consumers with goods, services, or content, introducing new and comprehensive obligations for online platforms to reduce harms and counter online risks. It also establishes strong protection of online users' rights and places digital platforms within a new framework of transparency and accountability. Internationally, the podcast also mentions the "KAMPALA Protocol" as an example. This protocol, promoted and signed by the African Intellectual Property Organization (OAPI), includes Alternative Dispute Resolution (ADR) as a method for resolving disputes in the field of intellectual property.
Successful ADR cases in Latin America are also cited, such as the National Institute of Copyright in Mexico (INDAUTOR) and the National Directorate of Copyright in Colombia (DNDA), which allow for amicable conflict resolution. Collaboration with WIPO's ADR Center has increased the participation rate in mediation procedures by 90.5%.
In WIPO's experience, disputes most subjected to ADR procedures are related to license agreements and disagreements over compensation. The podcast concludes by highlighting the importance of ADR for rights holders, small and medium-sized enterprises, entrepreneurs, and users to efficiently resolve their intellectual property disputes in the digital environment, in a friendly and cost-effective manner.
Source: World Intellectual Property Organization (WIPOD – Arbitration and Mediation Matters: Transcript of Episode 7), European Comision (Ley de Servicios Digitales: entran en vigor las normas determinantes de la UE para las plataformas en línea).