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5. Commencement of Mediation

(a) Request for Mediation:

Any Party to an IP Dispute under this programme, may initiate mediation under the WIPO-O/o CGPDTM mediation programme through the following structured process:

• (1) Access to Mediation Portal: A dedicated section titled "Request for Mediation" shall be made available on the official IP India website (https://ipindia.gov.in/). This section shall function as the formal digital gateway for initiating mediation between Parties to IP dispute.
• (2) Submission of Request Form: Any party to an IP dispute may initiate mediation by submitting the "Request for mediation" form in a prescribed manner either by filling the said form on the IP india website or directly raise a request to the O/o CGPDTM via an e-mail to initiate a "Request of mediation" on their behalf.
• (3) Notifying the Parties to the IP dispute: The O/o CGPDTM on receiving a request for the "Request for mediation" in a prescribed manner shall notify the parties to the IP dispute.
• (4) Agreement to Mediate:
  • (i) if the Request is not made pursuant to a prior agreement to mediate, the O/o CGPDTM shall contact the other Party within seven (7) days regarding the proposal.
  • (ii) if the other party accepts the proposal the mediation shall be deemed to commence on the date the O/o CGPDTM sends written confirmation to the Parties that an agreement to mediate has been reached.
  • (iii) if the other Party rejects the proposal or fails to respond within fifteen (15) days, the O/o CGPDTM shall inform the initiating Party that the mediation cannot proceed.

6. Appointment of the Mediator

• (a) The Panel of Mediators: All mediations under this Programme shall be conducted by a mediator selected from a dedicated panel of empanelled WIPO mediators. The Panel shall be established and maintained by the WIPO AMC. The panel shall consist of individuals with recognised and certified expertise in arbitration and mediation. The panel shall not be made publicly available.
• (b) Appointment Procedure:

  Unless the Parties have agreed otherwise, the mediator shall be appointed by the Office of the CGPDTM as follows:

  • (1) Upon commencement of mediation, the Office of the CGPDTM shall appoint a mediator from the panel, taking into account any preferences or relevant considerations expressed by the Parties, including subject-matter expertise, language, and availability.
  • (2) Prior to appointment, the Parties may jointly communicate to the Office of the CGPDTM their preferences regarding the mediator. The Parties may also, by mutual agreement, nominate a mediator from outside the panel for appointment, subject to the confirmation of the Office of the CGPDTM.
  • (3) In all cases, the final authority to appoint the mediator shall rest with the Office of the CGPDTM, and the appointment shall be made in a manner that ensures independence, impartiality, and efficiency of the mediation process.
• (c) Impartiality, Independence, and Disclosure by the Mediator:
  • (1) The mediator shall be neutral, impartial, and independent.
  • (2) The prospective mediator shall, before appointment, disclose in writing to the Parties any known actual or potential conflicts of interest. This duty of disclosure shall continue throughout the mediation.
  • (3) By accepting the appointment, the mediator undertakes to make available sufficient time to conduct the mediation expeditiously.
• (d) Termination of Mandate of Mediator:
  • (1) The O/o CGPDTM may terminate the mandate of a mediator upon:
    • (i) the receipt of information about the mediator being involved in a matter of conflict of interest from participants or any other person; or his withdrawal from mediation for any reason.
      Provided that termination under clause (i) shall be effected if, after giving a hearing to the mediator, O/o CGPDTM finds that there is justifiable doubt as to the independence or impartiality of the mediator and that the same has been brought to the notice of the parties and that either party desires to replace the mediator.
• (e) Replacement of Mediator:
  • (1) Upon termination of the mandate of the mediator, the O/o CGPDTM shall appoint another mediator from the panel maintained by the O/o CGPDTM within a period of seven (7) days from such termination.

7. Conduct of the Mediation

• (a) Procedural Flexibility:
  • (1) The mediation shall be conducted in the manner agreed by the Parties. The mediation may be held in-person or by video conferencing. The Mediator shall not be bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872.
• (b) Submission of Case Statements:
  • (1) At least ten (10) days before the scheduled mediation, the Parties shall submit to the mediator and exchange with each other a concise written statement summarising their case and the key issues in the IP Dispute, along with any relevant documents.
• (c) Role of the Mediator:
  • (1) The mediator shall assist the Parties in an independent, neutral, and impartial manner to reach an amicable settlement. The mediator shall have no authority to impose a settlement upon the Parties.
  • (2) The mediator may obtain expert advice or assistance in technical matters with the parties' consent, and the parties shall bear any expenses incurred in this regard.
• (d) Time-Limit for Completion of Mediation
  • (1) Notwithstanding anything contained in any other law for the time being in force, mediation under this Programme shall be completed within a period of one hundred and twenty (120) days from the date fixed for the first appearance before the mediator.
  • (2) The period for mediation mentioned under sub-section (1) may be extended for a further period as agreed by the parties, but not exceeding sixty (60) days.

8. Termination of Mediation and Mediated Settlement Agreement

• (a) The mediation shall terminate upon:
  • (1) the signing of a Settlement Agreement by the Parties;
  • (2) a written declaration by the mediator that further efforts are unlikely to lead to a resolution; or
  • (3) a written notice of withdrawal by any Party to the O/o CGPDTM, the mediator, and the other Parties.
• (b) The Settlement Agreement:
  • (1) Requirements: Any settlement agreement reached shall be in writing and signed by the Parties. The Mediator shall authenticate the agreement.
  • (2) Enforceability: In accordance with Section 27 of the Mediation Act, 2023, the authenticated Settlement Agreement shall be final and binding on the Parties and shall be enforceable in the same manner as if it were a judgment or decree of a court.
• (c) Non-Settlement Report:
  • (1) where no agreement is reached between the parties, within the time period as provided under the Programme, or where the mediator is of the view that no settlement is possible, he shall submit a non-settlement report to the O/o CGPDTM.
    Provided that the report referred to in this section shall not disclose the cause of non-settlement, or any other matter or thing referring to their conduct, during mediation.
• (d) Notification to Relevant Authority:
  • (1) In the event of a settlement, the Parties shall file a copy of the authenticated Settlement Agreement with the Relevant Authority before which the IP Dispute is pending for the purpose of passing consequential orders to dispose of the proceeding.
  • (2) In the event of non-settlement, the relevant authority shall continue the proceedings as if the mediation had not commenced.

9. Administration

• (a) Joint Initiative: This Programme is a joint initiative of the WIPO AMC and the Office of the Controller General of Patents, Designs, and Trade Marks (O/o The CGPDTM), India.
• (c) Role of the O/o CGPDTM: The O/o CGPDTM shall act as the nodal authority within India, facilitating awareness and ensuring the seamless integration of the mediation process with any pending formal proceedings.
• (d) Programme Coordination: O/o The CGPDTM shall designate nodal officers to coordinate the functioning of the Programme, review its progress, and address any operational matters that may arise.

10. Costs and Fees

• (a) General Principles: All costs of the mediation shall be waived off during the Pilot Phase of the Programme and is limited to the first ten (10) cases and to four (4) hours of mediation.

11. Eligibility & Conditions for Participation

• (a) Eligible Proceeding:

  The IP dispute must be the subject of a pending Trademark Opposition Proceeding before the O/o CGPDTM, as defined in this Programme.

• (b) Mutual Consent: Both Parties to the Opposition Proceeding must mutually consent in writing to participate in mediation under this Programme.
• (c) Consent to Publicity: No Party shall be required to consent to named publicity regarding its participation in the Programme during the pilot phase.

  The Office of the CGPDTM may, where appropriate, publish anonymized information, including aggregate data or generalized case studies, for the purposes of reporting, evaluation, or promotion of the Programme, provided that such information does not disclose the identity of the Parties or the specific terms of any Settlement Agreement.

  To avoid any confusion, the terms of any Settlement Agreement shall remain confidential unless the Parties expressly agree otherwise in writing.

• (d) Feedback Requirement: Upon termination of the mediation, the Parties must agree to provide anonymised feedback to the O/o CGPDTM regarding their experience with the Programme, to assist in its evaluation and improvement.
• (e) Good Faith Participation: The Parties must agree to participate in the mediation in good faith, in accordance with Section 6.2 of this Programme.

12. Confidentiality

• (a) General Obligation of Confidentiality: The entire mediation process shall be strictly confidential. All information relating to the mediation, including but not limited to pleadings, evidence, admissions, proposals, offers, and communications, whether oral or written, shall not be used or disclosed to any outside party. This obligation extends to the Parties, their representatives, the Mediator, the WIPO AMC, O/o The CGPDTM, and any other persons involved in the mediation. As a precondition to participation, all individuals involved shall sign a confidentiality undertaking.
• (b) Prohibition of Recording: No audio or video recording of the mediation proceedings shall be made or maintained by any person, including the Parties or the Mediator.
• (c) Inadmissibility in Other Proceedings: The Parties and the Mediator agree not to introduce as evidence or in any manner rely on the following in any subsequent judicial or arbitral proceeding:
  • (i) any views expressed or suggestions made by a Party with respect to a possible settlement.
  • (ii) any admissions made by a Party in the course of the mediation.
  • (iii) any proposals made or views expressed by the Mediator.
  • (iv) the fact that a Party had or had not indicated a willingness to accept any proposal for settlement made by the Mediator or by another Party.
  • (v) the Mediator shall not be presented by the Parties as a witness in any such proceedings.
• (d) Exceptions to Confidentiality: The obligations of confidentiality shall not apply to:
  • (i) the authenticated Settlement Agreement, where its disclosure is necessary for its registration, enforcement, or challenge in accordance with the Mediation Act, 2023.
  • (ii) any disclosure required by law or which falls within the exceptions specified under Section 23 of the Mediation Act, 2023.
• (e) Return of Documents: Upon the termination of the mediation, each person involved shall return to the party that provided them any brief, document, or other materials, without retaining any copy thereof. Any notes taken by a person concerning the mediation shall be destroyed upon its termination.

13. Role of Parties and Representatives

• (a) Representation: The Parties may be represented or assisted in the mediation by any person of their choice, including advocates, consultants, or technical experts. Each Party shall, in advance of any meeting, communicate the names and roles of all persons who will be attending on its behalf to the Mediator, the other Party, and the O/o CGPDTM.
• (b) Authority to Settle: Each Party must be represented at the mediation by an individual who has the full authority to settle the dispute on behalf of that Party. The Mediator may, at any stage, require a Party to produce a written power of attorney or other evidence confirming the representative's authority to enter into and sign a binding Settlement Agreement.
• (c) Responsibility and Good Faith: While representatives may provide advice and assistance, the ultimate responsibility for any decision to settle the dispute rests with the Parties themselves. The Parties and their representatives shall participate in the mediation in good faith and shall cooperate with the Mediator to advance the proceedings efficiently and constructively.

14. Exclusion of Liability

(a) The Mediator, the WIPO AMC AMC, and O/o The CGPDTM (including its officers and employees) shall not be liable to any Party for any act or omission in connection with a mediation conducted under this Programme, provided such act or omission is done in good faith.

15. Forms and communications

• (a) Use of Forms: The O/o CGPDTM shall prescribe official forms for the key procedural steps of this Programme, including the Request for Mediation. All such forms shall be made available on the official website of the O/o CGPDTM (https://ipindia.gov.in/).
• (b) Method of Communications:
  • 1) All communications, notices, and submissions of documents required under this Programme shall be made electronically to ensure a verifiable record.
  • 2) In the interest of procedural clarity and to maintain a single point of contact for users of the Programme, all communications shall be directed to the Office of the Controller General of Patents, Designs and Trade Marks (O/o CGPDTM), in accordance with Article 4(c).
  • 3) The O/o CGPDTM shall be responsible for forwarding all relevant communications and submissions to the WIPO AMC and/or the Mediator, as the case may be.
  • 4) All official communications from the Mediator or the WIPO AMC to the Parties shall be transmitted through the O/o CGPDTM to the email addresses provided by the Parties as their address for service.
  • 5) A communication shall be deemed to have been received on the day it is transmitted electronically by the O/o CGPDTM.

16. Governing Law

This Programme and its interpretation shall be governed by the laws of the Republic of India. All mediations conducted hereunder shall be subject to the mandatory provisions of the Mediation Act, 2023, and other relevant IP statutes. The courts in New Delhi, India, shall have exclusive jurisdiction to adjudicate any disputes arising out of the administration of this Programme.