Patent Law

New ADR Services for TV-format related Disputes

By Eric van Ginkel

Jordi Masdevall, Senior Information Technology Attorney at Baker & McKenzie's Barcelona office reports that the World Intellectual Property Organization's Arbitration and Mediation Center, in cooperation with the 'Format Recognition and Protection Association' (FRAPA), now provides ADR services in disputes relating to television formats.

These disputes may concern allegations of format plagiarism or the unauthorized copying of TV formats, such as those used for game, reality or talent shows and sitcoms. Programs using these formats are often remade in different markets using local parties.

The agreement between WIPO and FRAPA provides that WIPO will take on the latter's existing mediation activity and will administer TV format-related disputes filed under the WIPO Mediation and Expedited Arbitration Rules for Film and Media.

The Film and Media Rules were adopted in December 2009, and are specifically tailored to the specific characteristics of disputes arising in the film and media sectors. They foresee appointment of a specialist from a dedicated international WIPO Panel of film and media mediators, arbitrators and experts. The WIPO Center and FRAPA also envisage providing specialized training and information sessions on format dispute resolution.

The undersigned, though not (yet) a member of this particular panel, is a mediator and arbitrator for WIPO.

-EvG

Full post as published by IP ADR Blog on July 12, 2010 (boomark / email).