Project Title

The Potential for Use of Alternative Dispute Resolution (ADR) in the Field of IPR 

Project Year

2020   

Project Number

IPEG 01 2020T 

Project Session

Session 1   

Project Type

Standard 

Project Status

Completed Project   
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Project No.

IPEG 01 2020T 

Project Title

The Potential for Use of Alternative Dispute Resolution (ADR) in the Field of IPR 

Project Status

Completed Project 

Publication (if any)

 

Fund Account

TILF Special Account 

Sub-fund

None 

Project Year

2020 

Project Session

Session 1 

APEC Funding

37,500 

Co-funding Amount

37,500 

Total Project Value

75,000 

Sponsoring Forum

Intellectual Property Rights Experts Group (IPEG) 

Topics

Intellectual Property 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Chinese Taipei 

Co-Sponsoring Economies

Canada; Japan; Thailand; United States 

Expected Start Date

01/01/2021 

Expected Completion Date

31/12/2021 

Project Proponent Name 1

Liu Chen-Chen 

Job Title 1

Director Trademark Division 

Organization 1

Intellectual Property Office 

Postal Address 1

Not Applicable 

Telephone 1

(886-2) 23767503 

Fax 1

Not Applicable 

Email 1

jane00239@tipo.gov.tw 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Liu Chen-Chen 

Project Summary

Compared to traditional litigation, Alternative Dispute Resolution (ADR) may be cost-effective. Stakeholders can enjoy autonomy and the processes are kept confidential. Therefore, ADR may be useful for resolving at least some Intellectual Property Rights (IPR) disputes. ADR may enable Micro, Small and Medium Enterprises (MSMEs) to assert, protect IPR, or properly resolve legal disputes, especially for those with limited resources and relatively weak business bases. Nevertheless, it seems that there’s still room for growth in terms of its application and popularity in the field of IPR. To delve further into this topic, we’re planning to host a two-day international workshop in 2021 and invite experts from APEC economies to share experiences and exchange views on “The Potential for Use of ADR in the Field of IPR.” The results of the workshop will be compiled and provided to APEC economies so as to effectively extend the benefits of information exchange.

Relevance

Relevance – Region: Micro, Small and Medium Enterprises (MSMEs) are the engines that propel economic growth and innovation in the Asia-Pacific regions. If these enterprises can obtain Intellectual Property Rights (IPR) and use them more effectively, they could become more competitive. In practice, however, astronomical litigation fees and lengthy adjudication procedures can make it difficult for financially strapped MSMEs to effectively claim their rights. When a company is involved in an IPR infringement dispute, the litigation costs and the risk of losing a lawsuit can be quite overbearing. The Alternative Dispute Resolution (ADR) may provide MSMEs with a more efficient, flexible, and economical way to protect IPR and resolve legal disputes, which is beneficial to facilitate long-term development and inclusive growth for MSMEs of APEC economies.

Relevance – Eligibility and Fund Priorities: According to the “Osaka Action Agenda” on “Intellectual Property Rights,” each APEC economy should ensure that adequate and effective civil and administrative procedures and remedies are available against infringement of IPR and take the collective action of deepening the dialogue on IPR. The “Dispute Mediation” approach, which includes arbitration and mediation, is also one of the specific areas of action listed in the Osaka Action Agenda. The purpose of this project includes examining the potential for use of ADR in the field of IPR as a possible alternative way for IPR holders to protect their rights. To be more specific, an international workshop is going to be held, which is intended to enable APEC economies to provide up-to-date information on relevant legal systems and practical operation experiences of ADR in the field of IPR and improve the transparency of regulations. This meets the requirements of the “Trade and Investment Liberalization and Facilitation Special Account (TILF)” to which the project intends to apply and the “Osaka Action Agenda.”

Relevance – Capacity Building: ADR is integral to building a comprehensive, efficient and convenient legal system. An international workshop on “The Potential for Use of ADR in the Field of IPR” will be held under this project, and relevant experts and scholars from APEC economies will be invited to share experiences and exchange information. It is hoped that the event will help MSMEs to identify alternative methods to resolve IPR-related disputes and strengthen their ability to protect IPR. Additionally, the information gathered at the workshop will be compiled to be a Workshop Report and provided to APEC economies.

In order to examine the potential use of ADR in the field of IPR, we’ll arrange sufficient time for discussions in the agenda of the workshop. Experts and scholars joining in the workshop will exchange views with participants including representatives from various economies to jointly formulate concrete and feasible recommendations. We’ll consolidate them in the Workshop Report, together with some other results of discussions attained through the workshop, and publish it on the websites of APEC and our Intellectual Property Office (hereinafter referred to as TIPO) available for all economies to use. Through such efforts, the research results of this project can be continuously disseminated. All economies can use these research results and recommendations for reference and copy the successful experiences and viewpoints of other economies in the application and promotion of ADR in the field of IPR, constructing relevant legal systems, and training professionals.

In addition, to enhance and ensure the participation of developing-economy members in this project, the airfare and the per diem will be paid for the travel-eligible economies based on the Guidebook. Representatives from developing economies will be invited to the workshop as the panelists to communicate closely with experts and scholars in related fields to gain a deeper understanding of IPR-related issues. New knowledge and perspectives of value will be brought back to their home economies for transferring and deepening the knowledge of the use of ADR in the field of IPR. This can help each economy to form an economic and legal infrastructure, making legal systems more complete and sound.

As the proposing APEC economy of this project, we’ll also refer to the recommendations and research results summarized in the workshop, and actively use and promote ADR. If the actual implementation is effective or if there are new ideas, we’ll brief and share the experiences with the economies at the APEC/IPEG meeting to promote the knowledge transfer and enhance the ability of each economy.

Objectives

This project is aimed at examining the potential use of ADR in the field of IPR, which may help MSMEs to resolve IPR-related disputes with methods that are more economically feasible and more effective, as well as strengthening their ability to protect IPR. This will include an exploration of what kinds of ADR are currently being used, what has been useful, in what situations such positive effects have been achieved, what have the outcomes been, and how to raise public awareness of ADR in the field of IPR.

Alignment

Alignment - APEC:  “Inclusive economic participation through digital economy and technology” is one of APEC’s priority areas in 2020, which focuses on women empowerment/gender mainstreaming, youth development and conducive business environment for Small and Medium Enterprises (SMEs), start-ups and social enterprises. This may also include indigenous people. The development in digital economy and technology has lowered market entry cost, thereby increasing the opportunities for women, young people, start-ups, and MSMEs to start or run businesses through e-commerce. This in turn will facilitate inclusive economic participation. However, at the initial stage of running businesses online, the resources to protect their rights and interests and effectively resolve disputes could be relatively limited. Once they encounter legal disputes and fail to resolve them with suitable and affordable ways, the development and the sustainability of the businesses can be impeded seriously. The momentum of inclusive economic participation brought by the digital economy and technology may therefore be impaired as well. Comparing to traditional litigation, ADR may be a more efficient, flexible, and economical option to protect IPR and resolve legal disputes, which can be especially helpful to market participants with limited resources to prevent, handle potential or ongoing IPR disputes and lower the risks of engaging in commercial activities. Accordingly, if ADR is properly used to resolve IPR disputes, it can be beneficial to sustain the momentum of inclusive economic participation brought by the digital economy and technology. In view of the linkage of ADR and the sustainability of inclusive economic participation, the purpose of this project is to provide a platform, through hosting an international workshop, where APEC participants can discuss the potential use of ADR to strengthen abilities concerning IPR protection and legal disputes settlement of women, young people, start-ups, and MSMEs. It’s expected that the efforts can be beneficial to sustain the momentum of inclusive economic participation brought by the digital economy and technology.

Alignment – Forum: The issue on how to provide people with a more economical and flexible way to resolve disputes and effectively resolve cross-border disputes that have arisen from the booming of e-commerce has sparked increasing concerns among international economies. The “Singapore Convention on Mediation” signed by 46 economies (including APEC economies like Brunei Darussalam, Chile, China, Malaysia, the Philippines, Republic of Korea, Singapore, and the United States) in Singapore on August 7, 2019, and will enter into force on September 12, 2020, is the best example. After the content of the Convention comes into effect, such content may also be applicable to the field of IPR, which will help interested parties resolve IPR disputes existing in multiple jurisdictions through mediation for one-time settlement. In addition to the above-mentioned cross-border disputes, some other merits of using ADR may include cost-effectiveness, stakeholders can enjoy autonomy, and the processes are kept confidential, which make ADR very suitable for resolving IPR disputes. Moreover, since ADR allows MSMEs with relatively limited resources to obtain better opportunities to maintain their own rights, “The Potential for Use of ADR in the Field of IPR” is indeed a policy-related issue worthy of in-depth discussions and consideration by each economy.

Accordingly, the purpose of this project is to examine the potential for use of ADR in the field of IPR and assist MSMEs to resolve IPR disputes in a more economical and effective manner, strengthening their ability to protect IPR. The international workshop will provide an ideal platform to allow APEC economies to exchange their experiences and opinions on regulations, policies, and education awareness related to ADR. To be more specific, APEC economies will be invited to participate in the aforementioned workshop and participants are encouraged to share relevant policies and measures currently adopted as well as the survey data for use and promotion of ADR in the field of IPR. It’s a concrete practice of the objectives of the Intellectual Property Rights Experts Group (IPEG), such as “deepening the dialogue on IP policy,” “survey and exchange information on the current status of IPR protection and administrative systems,” and “studying measures for the effective enforcement of IPR.”

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs:

(1)  A two-day workshop on “The Potential for Use of ADR in the Field of IPR”

The workshop will be held in Taipei between July and August 2021. Through this workshop, we expect to examine the potential for use of ADR in the field of IPR and assist MSMEs to resolve IPR disputes in a more economical and effective manner, strengthening their ability to protect IPR. In order to measure whether the knowledge levels of the participants concerning the topics have been increased as a result of the workshop, we plan to form a questionnaire before the workshop. As a pre-event work, the purpose of this questionnaire is to measure the original knowledge levels of the participants with respect to the topics. The contents of the questionnaire may include questions concerning the backgrounds of the participants, possible approaches of resolving legal disputes available in their home economies to their greatest knowledge, questions designed to understand the knowledge levels of the participants concerning mediation, arbitration, and some other types of ADR, do they have any experiences of using ADR to resolve legal disputes, what are the pros and cons of using ADR in their points of view, and so on. The target of the questionnaire will be all the participants of the workshop, and the results of it will be used to make further analyses together with the consequence of the APEC Project Evaluation Survey Template, expecting to specifically measure whether the knowledge levels of the participants have been increased as a result of the workshop.

According to our tentative agenda of the two-day workshop, the discussion areas/topics may include:

·   Day 1: The Introduction of the ADR, Mediation & IPR (this topic will be separated into three sessions which are “judicial mediation,” “administrative mediation,” and “civil mediation”).

·   Day 2: Arbitration & IPR, E-commerce & ADR, Experience Sharing and Discussion on the Potential for Use of ADR in the Field of IPR (this topic may be separated into two sessions which are “experience sharing” and “discussion.” How women-led MSMEs are dealing with IPR disputes and their rate of using ADR or the importance of having/promoting sex disaggregated data on relevant aspects will be addressed in this topic).

As to the participants, we do hope the participants can access affluent information from different economies and the project’s impacts can be brought into full play. In view of these considerations, government officials and ADR service providers will be the main target participant groups for nomination of travel funding (the airfare and the per diem will be paid for a total of 4 speakers/experts recommended by co-sponsors of this project and at least 1 participant from each of the 11 travel-eligible economies), because they are in greater positions and more capable to take the achievements of the workshop back to their home economies for efficient dissemination or even take further actions to bring meaningful changes. Besides, legal practitioners and market participants including women, young people, and MSME operators also belong to our target participant groups, because they are practical or potential users of ADR concerning IPR disputes and therefore can be the direct beneficiaries of the workshop. Accordingly, we’ll send invitations to all APEC economies, relevant government agencies, associations of legal practitioners, trade associations, and so on.

The co-sponsors of this project, including Canada, Japan, Thailand, and the United States will assist in inviting the speakers of the workshop. The tentative plan is that Thailand and the United States can help to invite experts like judges to be speakers of the session “Mediation & IPR: Judicial Mediation.” Canada can assist in inviting a legal practitioner or an ADR service provider to be the speaker of the session “Mediation & IPR: Civil Mediation,” and we’ll invite government officials to be the speakers of the session “Mediation & IPR: Administrative Mediation.” On the other hand, Japan can help to invite an expert from the Japan Intellectual Property Arbitration Center to be the speaker of the session “Arbitration & IPR.” In addition, it’s expected that the participants invited from the 11 travel-eligible economies are experienced or knowledgeable on the topics, and we hope to invite them to be the speakers of specific sessions or the panelists of the experience sharing and discussion sessions together with the aforementioned speakers.

(2)  A Workshop Report

A summary report of the workshop is planned to be formed, which may include following contents:

·  Introduction. Under this section, we’ll address the background, purposes, and basic knowledge concerning the topics of the workshop.

·  Topic-based summaries of presentations and results of discussions.

·  Conclusions and recommendations.

The Workshop Report is planned to be published, helping APEC economies and other interested parties to easily find the above information for free reference and use. The expected length is about 20 pages.

Outcomes:

(1) The participants of the workshop will obtain more accurate and comprehensive understanding of ADR in the field of IPR:

·   The workshop of this project will give an overview of the different types of ADR and elaborate on the advantages of using such mechanisms in the field of IPR to help participants obtain more accurate and fuller information.

·   Assessment indicators: In addition to calculating the workshop’s participants from member economies, we’ll also conduct surveys asking them about their knowledge of the ADR and how it can be used in the field of IPR, as well as how their knowledge of such has been improved given the workshop. More specifically, all the participants of the workshop will be required to complete a pre-workshop survey questionnaire. This requirement will enable our understanding of participants’ knowledge of said issues prior to the event. Furthermore, we’ll use the APEC Project Evaluation Survey Template to ask participants’ feedback near the end of the workshop to learn if their understanding of said issues has increased.

(2)  More IPR disputes are resolved through ADR:

·   Through the efforts of hosting a workshop, publishing a Workshop Report, and the follow-on dissemination, it’s expected that more IPR disputes can be resolved properly through ADR.

·   Assessment indicators: To understand whether the efforts of this project lead to more IPR disputes being resolved through ADR, the statistics provided by ADR service providers (which may include courts, administrative agencies, and civil providers) can be great references to understand the impacts and changes brought by the project.

Beneficiaries: The main output of this project is a two-day international workshop. The direct participants of the workshop may include government officials, ADR service providers, legal practitioners, scholars, and market participants including women, young people, and MSME operators. The aforementioned direct participants are all potential beneficiaries of this project. Further explanation is as follows:

(1)  Government officials: Government officials in relevant areas are expected to be experienced or knowledgeable with respect to ADR or IPR who can share substantial information and viewpoints with all the participants of the workshop. On the other hand, by participating in the workshop of the project, government officials can learn new ideas from different participants to have a deeper understanding of the potential use of ADR in the field of IPR. It helps them find ways to improve the drawbacks of the current systems to form appropriate policy directions so that relevant legal systems and practices can continue to progress, allowing more people to benefit from the use of ADR. Furthermore, in view of the fact that government officials may have better capability to take the achievements of the workshop back to their home economies and efficiently disseminate them or even take further actions to bring meaningful changes, they are one of the target groups for nomination of travel funding.

(2)  ADR service providers: If those who actually provide mediation, arbitration, or some other ADR services can improve their knowledge in the field of IPR, they may be able to handle more types of cases and allow the public to have more confidence and willingness to use ADR to resolve the disputes in the field of IPR. In addition, ADR service providers can provide affluent experiences related to the topics of the workshop, and they are in great positions to bring worthy knowledge back to their home economies for practical use. Accordingly, ADR service providers are one of the target groups for nomination of travel funding as well.

(3)  Legal practitioners: If legal practitioners like lawyers can improve the understanding and use of ADR and bring the knowledge back to their home economies, more comprehensive suggestions for the public and customers will be provided. Chances of properly resolving disputes will also be enhanced.

(4)  Scholars: Scholars who are digging into areas related to ADR or IPR can support the workshop by providing relevant theories and in-depth observations from academic aspects. Meanwhile, participating in the workshop will help scholars in related fields understand the real-life practices and relevant issues of ADR in the field of IPR, making their research dimensions more complete so that more views are brought to the existing legal systems and practices for perfection.

(5)  Market participants including women, young people and MSME operators: The booming e-commerce has driven women and young people to start new businesses as influencers, online sellers, and even further become start-ups and the MSME operators. To prevent this momentum of inclusive economic participation from being impeded by possible IPR disputes and related costs, a better understanding of ADR can help market participants to protect their own rights and effectively resolve disputes. Therefore, market participants, especially the ones who have experiences of encountering IPR disputes that can share with the participants, are the direct participants and beneficiaries of the workshop.

The workshop to be held under this project will provide an ideal platform for sharing knowledge and experiences and facilitate exchanges between the above-mentioned participants. By so doing, they will benefit one another professionally and intellectually, and jointly create one great opportunity to push for improving legal regimes and practices. The results of the discussions and relevant recommendations attained through the workshop will be incorporated into the Workshop Report and published on the websites of APEC and TIPO to enable access by people interested in the mechanisms, making the values of this project to continue and benefit more people.

Dissemination

(1)   Considering the well-development and prevalence of computers and Internet facilities, this project is not planning to publish relevant results in paper. In the same token, the project will enable people interested in the specific topics to download, free of charge, the Workshop Report (which is going to be an APEC publication) on the websites of APEC and TIPO. Through effective promotion on the websites and social media of TIPO and other relevant agencies (e.g. Small and Medium Enterprise Administration), we hope to disseminate the information that will benefit more people and create the greatest values. Furthermore, in order to make sure that the achievements of the workshop can be accessible to audiences outside of this project, we expect to disseminate the Workshop Report through our Economic Divisions in different economies.

(2)  The target audience may include government officials, ADR service providers, legal practitioners, scholars, and market participants (including women, young people, and MSME operators). They could be benefited by this project or they could become part of the joint effort to improve the system.

Gender

The project is planning to organize the two-day workshop, and gender information is one of the assessment indicators as well. The Project Overseer (PO) is committed to collect sex-disaggregated data for all speakers and participants (and not only the APEC funded) from the project event. We expect to achieve at least 40% attendance by women at the workshop, as well as women speakers/experts take up 50% of all the speakers/experts.

Through invitation, we abide by gender equality when delivering our invitations to allow for sufficient time to select and assess ideal candidates by member economies and agencies. This gender equality will also be applied to the arrangement of speakers so as to facilitate diverse viewpoints. As e-commerce continues to flourish, more and more women are now operating online shops or starting their careers as influencers. The issues to be addressed at the workshop will help them better understand, prevent, handle potential or ongoing IPR disputes, lower the risks of engaging in commercial activities, and make them really benefit from the opportunities and momentum of inclusive economic participation brought by the digital economy and technology, which are related to Gender Pillars like “access to the markets,” “skills, capacity building, and health,” and “innovation and technology.”

Work Plan

Depending on the development of COVID-19 currently raging globally, Chinese Taipei will, as per the project, organize the two-day workshop on “The Potential for Use of ADR in the Field of IPR” and will invite the 21 APEC economies to participate in it. Based on the Guidebook, the airfare and the per diem will be paid for at least 11 participants. 4 speakers will be respectively recommended by the co-sponsors of the project, including Canada, Japan, Thailand, and the United States. Feedback and recommendations collected from the workshop will be compiled and made into the Workshop Report. The table below is a list of time, tasks, and deliverables. 

Time

Tasks

Deliverables

January-March 2021

Preparatory work:

1. Confirm workshop venue(s)

2. Form workshop topics

3. Form workshop agenda

4. Form and submit General Information Circular

1. Tentative workshop topics

2. Tentative workshop agenda

3. General Information Circular

April 2021

Considerations made to shift the physical event to virtual’. Communicate with Program Director on the matter

Decision made whether shifting physical event to virtual

March-April 2021

Form and submit the APEC Project Monitoring Report (MR):

1. Form the MR in March

2. Submit the MR by April 1

APEC Project Monitoring Report

Pre-workshop survey questionnaire:

1. Draft the pre-workshop survey questionnaire in March

2. Send the questionnaires along with the invitations in April

3. The questionnaires will be collected along with the responses from the invitees at the end of April

4. Along with the receipt of each questionnaire, analyses will be proceeded and updated, which will be reported during the workshop and made into the Workshop Report

(Under our present plan, there will be no other research work before the workshop)

Pre-workshop survey questionnaire

April 2021

Invitation:

1. Confirm the speakers and proposed participants of the workshop

2. Send invitations to speakers and proposed participants with pre-workshop survey questionnaires

1.  List of proposed participants

2.  List of workshop speakers

May-June 2021

Pre-workshop confirmation:

1. Confirm the topics and agenda

2. Keep examining and managing relevant requirements and changes

3. Keep in contact with the speakers to make sure relevant documents for the workshop will be provided on time

4. After we receive responses from the invitees, if there are still available seats, we may invite more people belong to possible beneficiaries or open up public registration

1.  Finalized workshop topics

2.  Finalized workshop agenda

July-August 2021

Hold the two-day workshop

Responses of the APEC Project Evaluation Survey Template

September-November 2021

Form and submit the Workshop Report:

Organize and compile information collected during the workshop to form the Workshop Report, which will be submitted by November 1

Workshop Report

December 2021-February 2022

Form and submit the APEC Project Completion Report and supporting documents.

The Project Completion Report will be submitted by February 28, 2022

APEC Project Completion Report

6 to 12 months after Project Completion Date (PCD)

Participation in the Long Term Evaluation of APEC Projects (LTEAP) conducted by the Secretariat

Risks

(1)  Risk associated with COVID-19:

The COVID-19 pandemic is still raging globally and vaccines to combat this virus are still being developed and tested. If this pandemic situation is not eased by mid-2021, experts and member economies may not be willing to attend the workshop in Taipei. In response to this potential scenario, we are planning an alternative where experts unable to attend in person will be asked to record their presentations, which will then be displayed at the scheduled sessions of the workshop. Also, we’re hoping to exchange thoughts with experts and government officials to come up with some specific recommendations regarding the possibility of adopting ADR in the IPR field at the discussion session slated for the second day of the workshop. However, if by then COVID-19 continues to rage, it is still going to be difficult for these professionals to partake in the event. Considering this, we’re asking all the experts to present their feedback in paper, which will then be compiled and presented by organizers. The feedback of those who attend the workshop in person will also be collected. On the other hand, to lower down the risk of COVID-19, most of the participants are going to be invited by us rather than opening for a diverse group of participants who may not contribute to or benefit from the workshop. When sending the invitations, relevant information, requirements and suggestions concerning the prevention of the COVID-19 will be clearly listed, helping the invitees to make proper decisions. Relevant rules and controls like checking the body temperature and requiring wearing the masks during the days of the workshop will be accurately performed if needed.

(2)  The project results may not be applied back in the home economies after the event:

In the face of this possible risk, the main target participant groups with travel funding will be government officials and ADR service providers who are in better positions and capable of bringing the knowledge back to their home economies to make changes happen. Moreover, it’s planned to form specific recommendations through the workshop, which will be helpful to prevent the problems concerning lacking of clear guidance about how best practices can be applied.

Monitoring and Evaluation

(1)  Monitoring: The PO will duly monitor the progress and efficacies of the implementation. The Monitoring Report will be submitted within the time period specified by the Project Management Unit. Should there be any design amendments during the implementation, such as changes to working plans, outputs, outcomes, or budgets, Chinese Taipei will notify the Secretariat for approval as soon as possible. Also, we will follow the format of the APEC Attendance List to create our list of participants in the upcoming workshop under this project. 

(2)  Evaluation: Listed in the table below are the outputs, outcomes, and indicators of the project. 

Outputs

Indicators

Workshop

Number of attending: The target is more than 100 people participate in the workshop

Number of travel-eligible attending: Due to the uncertainty brought by the COVID-19, the target is at least 10 travel-eligible participants attend the workshop

Number of women/men: The target is women take up 40% of attendance, and 50% of the speakers shall be women

Pre-workshop survey questionnaire: The target is at least 90% of the participants submit the responses

APEC Project Evaluation Survey Template: The target is at least 90% of the participants submit the responses

The Workshop Report

Number of pages: The target is 20 pages

Actual number of recommendations being formed: The target is at least 5 recommendations being formed

Outcomes

Indicators

The participants of the workshop will obtain more accurate and comprehensive understanding of the use of ADR in the field of IPR

Participants will be asked in a pre-workshop survey questionnaire about their understanding of the issues to be addressed. After the workshop, participants will be asked in another survey entitled APEC Project Evaluation Survey Template if their understanding of said issues has increased. We expect that about 80% of the respondents will express an increase in their knowledge of the said issues

More IPR disputes are resolved through ADR

As the proposing APEC economy of this project, Chinese Taipei will take ourselves as an example, and try to collect statistics provided by ADR service providers (which may include courts, administrative agencies, and civil providers) to analyze the impacts and changes after the project. It’s expected that numbers of IPR disputes resolved through ADR can be higher than before

Linkages

(1)  Engagement: With the advantages of better cost-effectiveness, confidentiality and autonomy, some APEC economies such as Japan, the United States, Singapore, and the Philippines are actively promoting use of ADR to resolve IPR-related disputes. There are also discussions on ADR in other APEC forums. The APEC-funded “Workshop for Developing a Collaborative Framework for Online Dispute Resolution” of the Economic Committee in 2018 is an appropriate example. In addition, ADR may be particularly helpful for women, young people, start-ups, and MSMEs at the initial stage with relatively limited resources to protect their rights and interests and effectively resolve disputes. This in turn could further stabilize business operation and development. Therefore, the contents of this project are related to the scope of the “Small and Medium Enterprises Working Group (SMEWG)” and “Policy Partnership on Women and the Economy (PPWE)” as well. The information collected and compiled through this project can also be used for reference in different APEC forums mentioned above.

In addition to APEC economies, the “Singapore Convention on Mediation” signed by 46 economies (including APEC economies like Brunei Darussalam, Chile, China, Malaysia, the Philippines, Republic of Korea, Singapore, and the United States) in Singapore on August 7, 2019, and will enter into force on September 12, 2020, serves as the best evidence of the said field garnering collective global attention. Prior to this, many organizations such as the European Union Intellectual Property Office (EUIPO), World Intellectual Property Organization (WIPO), and International Trademark Association (INTA) had already been promoting use of ADR in the field of IPR. The above organizations are the treasure troves in terms of practices and experiences in promoting ADR. Under this project, we therefore hope to invite experts from these organizations to build on their work and to generate more ideas and discussions on relevant issues.

(2) Previous work: The 2018 APEC-funded project “Workshop for Developing a Collaborative Framework for Online Dispute Resolution” held by the United States, one of the co-sponsors of our project, is also dedicated to the use of ADR in dealing with legal disputes. Similar to the above-mentioned project, which focuses on the use of Online Dispute Resolution (ODR) to handle cross-border business-to-business (B2B) disputes, our project focuses on the field of IPR and the types of disputes under discussion are not limited to B2B and cross-border disputes. The ADR is not limited to ODR either. It is hoped that, on the basis of the previous work, we can further explore the potential for use of ADR in the field of IPR. It is expected that APEC economies can be encouraged to share and exchange information about their respective jurisdictions, thereby promoting regional cooperation and solving the common problems faced by all economies together.

(3)  APEC’s comparative advantage: As the legal regimes and levels of social and economic development in the Asia-Pacific region vary greatly, the ADR and IPR related legal systems and practices of the economies in the area are also much more diverse and complicated than those in highly integrated areas, such as Europe, therefore making it even more worthwhile to conduct further researches and discussions. Accordingly, we believe that the APEC is the best source of funds for this project.

Sustainability

We’ll organize a workshop under this project and invite representatives, experts, scholars, and market participants from member economies to participate in the event. In addition to explaining the basic knowledge concerning the ADR and how such mechanism can be used in the field of IPR, there will also be in-depth joint discussions on “The Potential for Use of ADR in the Field of IPR.” The results of these discussions and some specific and useful recommendations will be incorporated into the Workshop Report, which will then be provided as reference to all member economies and interested parties. As the proposing APEC economy of this project, Chinese Taipei will abide by its existing legal regimes and conditions, as well as take into account the feedback and results of discussions expressed under this project to further push for the use of ADR in the field of IPR. We will continue to take advantage of APEC/IPEG meetings to share experiences with other member economies and exchange thoughts to make sure that the issue will continue to be addressed by all sectors, sustaining the efficacies and dynamics engendered by this project.

Upon project completion, based on its outcomes, we may keep improving the capabilities of ADR professionals for resolving IPR-related disputes, and cultivating more ADR talents in the field of IPR. For example, IPR related training sessions will be arranged to increase the capabilities of existing ADR service providers to effectively resolve IPR disputes. We’ll also continue increasing interaction between talents in the field of IPR and ADR thereby increasing each other’s professionalism. Also, we will be actively promoting the advantages of the use of ADR through suitable websites (e.g. TIPO’s IP SME Corner), information sessions on laws and regulations, and so on. 

The aforementioned actions may be monitored by indicators such as the number of educational training sessions, the number of participants, and the feedback received from participants, as well as LTEAP constructed by APEC.

Project Overseers

The PO is the Director of Trademark Division at TIPO, Chen-Chen Liu (hereinafter referred to as Director Liu).  Director Liu was a senior trademark examiner. Since her appointment in 2016 as the Director of Trademark Division, Director Liu has been actively pushing for instituting and amending the Trademark Act, relevant administrative regulations, and Trademark Examination Guidelines. She is an active participant in international affairs, a keen learner of new knowledge, as well as one who is dedicated to making the trademark legal regime more comprehensive so as to align with the current practices and needs. Basing on her solid knowledge and wealth of experiences in trademark, Director Liu has taught many education training courses. In all, Director Liu is an active disseminator of trademark knowledge who is dedicated to nourishing more talents in the field of IPR.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
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Version: 4.0 
Created at 29/07/2020 14:51  by Lucy Phua 
Last modified at 11/05/2022 13:49  by Lucy Phua 
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Project No.

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TILF/ASF Justification

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Are there any supporting document attached?

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