The WIPO Arbitration and Mediation Center (WIPO Center) has recently launched a new initiative called the "WIPO IoT SME Mediation Pledge." This mechanism is designed to encourage holders of Standard Essential Patents (SEPs) and startups or small and medium-sized enterprises (SMEs) manufacturing or selling Internet of Things (IoT) devices to prioritize mediation for resolving disputes when patent licensing negotiations reach an impasse. By avoiding immediate recourse to costly and protracted litigation, the pledge aims to foster a more predictable environment for innovation and collaboration within the global IoT sector.
Under this pledge, signatory SEP holders make a key commitment: before initiating any infringement litigation, rate-setting proceedings, or equivalent legal actions against a qualifying IoT SME concerning the relevant SEPs, they must first formally offer to engage in confidential mediation. Legal actions may only be pursued if the SME rejects the mediation offer or if the mediation itself is unsuccessful. Should the SME accept the offer, the SEP holder pledges to suspend any related legal proceedings for the duration of the mediation.
To ensure fairness and practicality, the pledge outlines several specific conditions:
Basis for Mediation: Mediations will be conducted primarily in accordance with the WIPO Mediation Rules, ensuring procedural professionalism and international recognition.
Procedural Timelines: A mediation offer from an SEP holder remains valid for 30 days. The holder may also propose that the mediation be completed within 6 months of its acceptance, helping to control the overall dispute resolution timeline.
Information Exchange: Both parties commit to cooperating in good faith with the mediator, within the bounds of confidentiality obligations, to provide information material to reaching a license agreement on FRAND (Fair, Reasonable, and Non-Discriminatory) terms.
Cost Sharing: To alleviate the burden on SMEs, the SEP holder will bear two-thirds of the mediator's fees and the administrative costs, with the total amount kept within reasonable and proportionate limits according to recognized commercial practices.
Key Features and Significance
The core strengths of this mechanism lie in its forward-looking "litigation pause" design and its cost-sharing arrangement tilted towards protecting the weaker party. It does not force a licensing agreement but mandates a good-faith negotiation window, helping to move disputes from the courtroom back to the business negotiation table. For resource-constrained IoT SMEs, this reduces the risk of innovation being stifled by fears of sudden global patent litigation and provides a clearer path to resolving licensing disputes with predictable costs.
SEP holders who sign this pledge will be listed on a public roster on the WIPO website. This serves as both a reputational incentive and a practical reference for IoT SMEs to identify "friendly" licensors. The definition of "SEP holder" within the mechanism is broad, encompassing the signatory and its affiliated entities.
To date, the pledge has garnered public support and signatures from several key SEP holders. Major industry players such as Huawei, Nokia, Ericsson, Qualcomm, and the patent pool administrator Sisvel have joined as inaugural signatories.
Definition and Scope
According to the pledge document, an "IoT SME" is specifically defined as an independent enterprise that meets the quantitative criteria (e.g., staff headcount, turnover) outlined in the EU Recommendation 2003/361 and is engaged in manufacturing and/or selling IoT devices. Entities that are mobile/cellular handset manufacturers or are controlled by such entities are explicitly excluded. This ensures the support mechanism accurately targets genuine innovative small and medium-sized entities.
Source: https://www.wipo.int/amc/en/center/specific-sectors/ict/frand/wipo_mediation_pledge_sep_to_smes.html
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