On November 11, 2022, the Instituto Autor, in collaboration with the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO), presented the project "MEDIAUTOR - Center for Mediation specialized in intellectual property and cultural industries" at the Valle-Inclán Room of the Círculo de Bellas Artes.
The presentation event, attended by representatives from intellectual property entities and professionals, was inaugurated by Lara Chaguaceda, Deputy Director General of the General Directorate of Cultural Industries, Intellectual Property, and Cooperation of the Ministry of Culture and Sports of Spain. She highlighted the value of the cultural sector in Spain, which represents 3.4% of the Gross Domestic Product (GDP) and employs over 700,000 people, a weight comparable, for example, to the agricultural sector.
Next, Marisa Castelo, President of the Author Institute, and Ignacio de Castro, Director of the Division of Intellectual Property Disputes and External Relations of the WIPO Arbitration and Mediation Center, explained the genesis and approach of the "MEDIAUTOR" project. It is the first specialized Mediation Center in intellectual property and cultural industries established by WIPO worldwide, based on this collaboration model. The project aims to provide a specialized mediation service for disputes arising in the field of cultural creations and projects, enabling efficient resolution of disputes, both national and cross-border, without limitations based on nationality, territory, or language. The general usefulness for any company that engages in acts of communication or advertising that may infringe on third-party rights, not only intellectual property but also image rights, was also emphasized.
As the speakers noted, in June 2022, the Instituto Autor and the WIPO Arbitration and Mediation Center signed a collaboration agreement for the promotion of alternative dispute resolution methods. Marisa Castelo highlighted that this agreement guarantees "credibility and impartiality" to the project. Ignacio de Castro then analyzed the experience of the WIPO Arbitration and Mediation Center, highlighting the increase in mediation cases in intellectual property, mainly derived from the digital environment.
The second panel featured Javier Fernández-Lasquetty, partner at Elzaburu law firm, and Ignacio de Castro, who addressed the procedural aspects of mediation. They also pointed out the advantages offered by mediation as a service with efficient and cross-border solutions through fast and confidential procedures. Additionally, they analyzed the most relevant points of the MEDIAUTOR-WIPO Regulation, regarding issues such as its scope of application, how to initiate mediation, the procedure for appointing mediators, and how mediation is conducted.
Finally, Marisa Castelo, Andy Ramos (Lawyer, partner at Pérez & Llorca), Concepción Sáiz (member of the 1st Section of the Intellectual Property Commission), and Ignacio de Castro discussed "mediation as a tool for resolving disputes in the field of Intellectual Property and image rights." Firstly, Marisa Castelo and Andy Ramos broke down the subjects susceptible to mediation in MEDIAUTOR. Concepción Saiz analyzed the competencies and functioning of the 1st Section of the Intellectual Property Commission, while Ignacio de Castro informed that WIPO is carrying out activities in the field of collective management.
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© Photographs: Isabel Permuy