지식재산권 분야의 국제상사조정제도와 활용

Recent Trends and Use of International Commercial Mediation in The Area of Intel ectual Property Rights - Focused on the WIPO Mediation

International commercial mediation of intel ectual property rights ful y me ts the interests of the parties in such disputes in terms of their ne ds for neutral forum of dispute resolution, cost-ef ective set lement, objective opinion of relevant experts, international y enforceable solution. In ad ition, as a procedural flexibility, respected self-determination of the parties, exploration of pos ible creative busines solutions, maintenance of busines relationship and confidentiality of mediation are major characteristics which can be competitively dif erentiated from the lawsuit or arbitration. The set lement agre ment as a result of the WIPO mediation has an ef ect of contract while the set lement agre ment as a result of most domestic ones has an ef ect of judicial reconciliation which can be domestical y enforced. The lat er is not subject to the ap lication of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke set lement agre ments as wel as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a global y competitive international mediation system in the area of intel ectual property rights.