Key takeaways

Mediation may be a suitable option for parties to resolve disputes in a more cost and time efficient manner compared to litigation. The AMP is yet another initiative by the WIPO Singapore office and Intellectual Property Office of Singapore (IPOS) to encourage parties to resolve IP and technology disputes amicably through mediation. Another option to consider is the Revised Enhanced Mediation Promotion Scheme (REMPS), although parties may not claim under both the AMP and REMPS for costs in relation to the same or substantially the same dispute. There are various IPOS cases that have been successfully resolved by mediation administered by the WIPO Center under the REMPS. It is hoped that the launch of the AMP will encourage further successes in amicably resolving IP and technology disputes in Singapore.

In more detail

As part of the collaboration between the government of Singapore and WIPO, ASEAN parties can benefit from the new AMP, which offers funding for mediations administered by the WIPO Arbitration and Mediation Center's Office in Singapore.

Any existing IP or technology dispute or negotiation (including before the courts, IP authorities or arbitral institutions) involving at least one party that is an ASEAN national or entity that is referred to mediation under the AMP, may be funded up to SGD 8,000, which is to be shared equally among disputing parties unless otherwise agreed. Parties may also utilize funding for "deal mediation," which refers to a mediation in which the mediator assists the parties in concluding an agreement. For example, such mediations may be appropriate in the context of ongoing patent licensing negotiations.

Reimbursement will be limited to mediation-related costs and will be subject to the parties complying with the AMP conditions and providing appropriate invoices for their mediation-related costs.

Key conditions to obtain funding under the AMP include consenting to be named publicity (excluding details of settlement terms), providing feedback on the mediation experience and appointing a mediator based in Singapore.

The parties can apply for and receive funding under the AMP if they have participated in the mediation, regardless of the outcome of the mediation.

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For further information and to discuss what this might mean for you, please get in touch with your usual Baker McKenzie contact.

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