The new tool is an innovative model and a pilot system in Spain.
V. Moreno (Expansion.com).
Legal conflicts and court congestion have been driving the growth of alternative dispute resolution systems such as mediation and arbitration in various sectors. The latest initiative to be introduced is Mediautor, a mediation center specializing in intellectual property and cultural industries.
This initiative is born from the collaboration between the Author Institute and the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO), aiming to create a platform that seeks to become a reference in alternative methods of conflict resolution in areas such as music, audiovisual, literary publishing, video games and software, advertising, image rights, new distribution channels, and removal or reinstatement of content due to intellectual property infringement, among other issues.
Lara Chaguaceda, Deputy Director General of Intellectual Property at the Ministry of Culture and Sports, stated during the Mediautor presentation event, "New business models require agile tools that save time and costs. The conflict itself is not the problem; the problem is not resolving the conflict. That is why mediation has become a necessary mechanism."
Marisa Castelo, President of the Author Institute, indicated that the main objective of the tool is to assist economically weaker parties, "those small authors who are not particularly recognized and often cannot afford the fees associated with disputes, for example, in a synchronization issue in a series or a film."
Appealing System
However, Castelo made it clear that Mediautor can also be a tremendously attractive system for large companies to resolve claims easily, economically, and comfortably, as mediation can be conducted online.
Another significant advantage of the platform is absolute confidentiality, added the President of the Author Institute, so that if an agreement is reached, the reputational risk is completely eliminated. "For a company, it seems difficult not to be willing to try to solve a problem when the only thing that can be lost is the time spent in teleconferences at a more than affordable cost."
Ignacio de Castro, Director of the Division of Intellectual Property Disputes and External Relations of the WIPO Arbitration and Mediation Center, emphasized that this is an innovative and pilot model in Spain that could be exported to other countries. He expressed confidence that Mediautor will be a success, as two years ago, the number of cases referred to mediation - without going to court - increased by 40%. Last year, the same issue increased by 80%. "It is an inexpensive tool that has a very flexible process," he added.
The costs of Mediautor vary depending on the amount in dispute: if the dispute is below €250,000, an admission fee of €30, an administration fee of €250, and mediator fees ranging from €100 to €250 per session will apply. If the conflict exceeds €250,000, the same admission fee of €30 will apply, along with an administration fee equivalent to 0.1% of the mediation value (with a maximum limit of €10,000).
© Photograph: Isabel Permuy
© Text: V. Moreno (Expansion.com)
Source: Expansion.com (Nace Mediautor para lidiar los conflictos de propiedad intelectual).