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This is a joint initiative between the WIPO Arbitration and Mediation Centre (WIPO AMC) and the Office of the Controller General of Patents, Designs and Trade Marks (O/o CGPDTM), India. It provides a voluntary, efficient, and cost-effective mechanism to resolve intellectual property (IP) disputes through mediation instead of litigation.

The Programme comes into force on 26 April 2026 (World IP Day 2026).

Yes, the Programme applies to the entire territory of India.

Currently (Pilot Phase), the Programme applies to the Pending Trademark Opposition Proceedings before O/o The CGPDTM.

No. Participation is completely voluntary and requires mutual consent from both parties.

A party can initiate mediation by: a) Submitting a Request for Mediation via the IP India website b) Sending a request via email to O/o CGPDTM.

a) The O/o CGPDTM notifies the parties. b) The parties are contacted within 7 days. c) If accepted -> mediation begins. d) If no response within 15 days -> mediation does not proceed.

When O/o CGPDTM sends written confirmation that both parties have agreed to mediate.

The O/o CGPDTM appoints the mediator from a panel maintained by the WIPO AMC.

Yes, parties may: a) Express preferences b) Jointly nominate a mediator (subject to confirmation of the O/o CGPDTM).

Yes. Mediators must: a) Be neutral and independent b) Disclose any conflicts of interest c) Maintain impartiality throughout the process.

Yes, if: a) A conflict of interest arises b) The mediator withdraws. A replacement is appointed within 7 days.

During the pilot phase, all Mediation shall be conducted in Online Mode (video conferencing).

At least 10 days before mediation, parties must submit: a) A concise case summary b) Relevant documents.

The mediator: a) Facilitates discussions b) Helps parties reach a settlement c) Cannot impose a decision.

a) 120 days from first appearance b) Extendable by up to 60 days with mutual consent.

Mediation ends when: a) A settlement agreement is signed b) The mediator declares no resolution possible c) A party withdraws.

Yes. The settlement agreement: a) Is final and binding b) Has the same effect as a court decree.

a) A non-settlement report is issued b) Original proceedings continue as if mediation never happened.

During the Pilot Phase, all mediation costs and fees are waived and is limited to the first ten (10) cases and to four (4) hours of mediation.

Parties involved in Pending Trademark opposition proceedings before O/o The CGPDTM.

Yes, written consent from both parties is mandatory.

No. During the Pilot Phase: a) No named publicity is required b) Only anonymized data may be used.

Yes. Parties must provide anonymized feedback to help improve the Programme.

Yes. The entire process is strictly confidential, including: a) Documents b) Statements c) Settlement discussions.

No. Mediation communications are inadmissible in other proceedings.

No. Audio/video recording is strictly prohibited.

Yes, limited exceptions include: Enforcement of settlement agreements as required by the law or agreed by the Parties.

Yes. Parties may be assisted by: a) Lawyers b) Experts c) Consultants.

Yes. Each party must be represented by someone with full authority to settle.

Parties must: a) Act in good faith b) Cooperate with the mediator c) Engage constructively.

a) O/o CGPDTM acts as the nodal authority in India b) WIPO AMC provides technical and institutional support.

a) All communications are electronic b) Routed through O/o CGPDTM as a single point of contact.

Subject to the Mediation Act, 2023. It is not bound by strict procedural laws like the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or Bharatiya Sakshya Adhiniyam, 2023 (BSA).

No. Mediators, WIPO AMC, and O/o CGPDTM are not liable for actions taken in good faith.

Yes. The Programme supports online mediation tools and videoconferencing.

a) All documents must be returned or destroyed b) No copies may be retained.