WIPO survey sheds light on alternative resolution mechanisms for B2B digital IP disputes

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WIPO survey sheds light on alternative resolution mechanisms for B2B digital IP disputes

A recent survey conducted by the World Intellectual Property Organization (WIPO) is an eye-opener for innovators, indicating that while the global content market has grown to US$2.4 trillion, the number of specialised mechanisms for resolving B2B digital IP disputes have not caught up to market needs.

More than 60% of 1,000 participants (65% claimants and 45% defendants) from 129 countries were involved in business-to-business (B2B) digital copyright and content related disputes in the last five years.

While most of the copyright disputes were non-contractual and domestic in nature, the most frequent subject matters mentioned included software, musical works, advertising and literary works.

  B2B digital copyright- and content-related disputes

B2B digital copyright- and content-related disputes

The monetary value of the disputes ranged between US$10,000 and US$100,000 for 59% of the respondents, and remarkably, no monetary amount was involved for a significant 36% of respondents.

        Amounts involved in respondent’s disputes

When looking at the outcome of disputes, the survey results show that the most common remedies pursued both by claimants and defendants were damages, followed by royalties.

             Common remedies pursued in disputes

Both contractual and non-contractual B2B digital copyright and content-related disputes frequently ended in settlements.

                  Common outcomes in disputes

In terms of dispute resolution mechanisms, court litigation in the respondent’s home jurisdiction was the most commonly used approach to resolve disputes. Given the nature of digital content, respondents indicated that the most frequent mechanism used for resolving non-contractual B2B digital copyright and content-related disputes was notice and takedown.

Dispute resolution mechanisms used to resolve disputes

Overall, the survey respondents’ perceptions of various mechanisms used to resolve B2B digital disputes were perceived as suitable. Based on survey respondents’ experience with each of these mechanisms, mediation, notice and takedown, arbitration and court litigation in a home jurisdiction were often perceived as suitable mechanisms.

         Perception of dispute resolution mechanisms

The interviews additionally revealed that there were relatively few specialised mechanisms available for resolving B2B digital copyright and content-related disputes, or that stakeholders were unaware of such mechanisms.

PitchMark is a platform that can help plug this gap. We help innovators protect the expression of their ideas, by generating a certificate that serves as evidence that they created their pitch materials before the date and time of the certificate. PitchMark can also trace the expression and distribution of original concepts, designs, proposals, business plans and other creative ideas and expressions. Furthermore, the use of the PitchMark logo on your materials also serves as a signal to potential clients that you take your IP protection seriously.

Another valuable benefit of joining the PitchMark community is gaining access to this community. This includes not just fellow creators, but also a community of companies who have signed our pledge to show their commitment to respecting IP rights, as well as a network of legal counsel who can help to protect these rights should the need arise.

PitchMark helps innovators deter idea theft, so that clients get the idea but not take it. To find more about our services, visit PitchMark.net and register for free as a PitchMark member today.

Contacts

Mark Laudi

Mark Laudi

Press contact Managing Partner (+65) 6223 2249

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Let your clients get the idea, without taking it.

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If you receive or evaluate ideas or pitches, join PitchMark as a sign of your commitment to respect the Intellectual Property rights of their creators. Attract more in-depth pitches from a wider range of sources. Highlight your PitchMark membership in your Sustainability or CSR Report.

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