世界知识产权组织专家裁决规则英文.docx

1、世界知识产权组织专家裁决规则英文WIPO Expert Determination Rules(Effective from January 1, 2016)Abbreviated ExpressionsArticle 1In these Rules:Determination means the decision issued by the Expert in accordance with Article 17 of these Rules on the matter referred to expert determination;Expert means a sole Expert o

2、r all the Experts where more than one is appointed;Expert Determination Agreement means an agreement by the parties to submit to expert determination all or certain matters which have arisen or which may arise between them; an Expert Determination Agreement may be in the form of an expert determinat

3、ion clause in a contract or in the form of a separate contract;WIPO means the World Intellectual Property Organization;Center means the WIPO Arbitration and Mediation Center.Words used in the singular include the plural andvice versa, as the context may require.Scope of Application of RulesArticle 2

4、Where an Expert Determination Agreement provides for expert determination under the WIPO Expert Determination Rules, these Rules shall be deemed to form part of that Expert Determination Agreement. Unless the parties have agreed otherwise, these Rules as in effect on the date of the commencement of

5、the expert determination shall apply.Communication and Periods of TimeArticle 3(a) Unless the parties have agreed otherwise, or the Center or the Expert has determined otherwise, any notice or other communication that may be or is required to be given under these Rules shall be:(i) in writing and sh

6、all be delivered by expedited postal or courier service, e-mail or other means of communication that provide a record thereof; and(ii) copied to each other party, the Expert and the Center.(b) For the purpose of calculating a period of time under these Rules, such period shall begin to run on the da

7、y following the day when a notice or other communication is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-busine

8、ss days occurring during the running of the period of time are included in calculating the period.(c) A notice or other communication shall be deemed to have been received on the day it is delivered in accordance with paragraph (a) of this Article.(d) For the purpose of determining compliance with a

9、 time limit, a notice or other communication shall be deemed to have been sent, made or transmitted if it is dispatched, in accordance with paragraph (a) of this Article, prior to or on the day of the expiration of the time limit.(e) The Center or the Expert may, at the request of a party or on its

10、own motion, extend periods of time fixed by these Rules.Language of Expert DeterminationArticle 4(a) Unless otherwise agreed by the parties, the language of the expert determination shall be the language of the Expert Determination Agreement, subject to the power of the Expert to determine otherwise

11、, having regard to any observations of the parties and the circumstances of the expert determination.(b) The Expert may order that any documents submitted in languages other than the language of the expert determination be accompanied by a translation in whole or in part into the language of the exp

12、ert determination.Request for Expert DeterminationArticle 5(a) A party to an Expert Determination Agreement that wishes to commence an expert determination shall submit a Request for Expert Determination to the Center. It shall at the same time send a copy of the Request to the other party. The Requ

13、est for Expert Determination may also be jointly filed by the parties to the Expert Determination Agreement.(b) The Request for Expert Determination shall contain or be accompanied by:(i) the names, addresses and telephone, e-mail or other communication references of the parties to the expert determ

14、ination and of any representative of the party filing the Request for Expert Determination;(ii) a copy of the Expert Determination Agreement;(iii) a description of the matter referred to expert determination;(iv) an indication of any rights and the nature of any technology involved;(v) any documents

15、 or other information which the party deems relevant to the Determination;(vi) observations on the scope and time frame of the expert determination;(vii) if the parties have agreed on the appointment of a particular Expert, the name, address and telephone, e-mail or other communication references of

16、 the Expert; if the parties have not agreed on the appointment of a particular Expert, observations on the expected qualifications of the Expert;(viii) information on any legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to expert determinat

17、ion; and(ix) payment of the administration fee in accordance with Article 21.Article 6(a) In the absence of an Expert Determination Agreement, a party that wishes to propose submitting a dispute to expert determination shall submit a Request for Expert Determination in writing to the Center. It shal

18、l at the same time send a copy of the Request for Expert Determination to the other party. The Request for Expert Determination shall include the particulars set out in Article 5(b)(i) and (iii) to (viii). The Center may assist the parties in considering the Request for Expert Determination.(b) Upon

19、 request by a party, the Center may appoint an external neutral to assist the parties in considering the Request for Expert Determination. The external neutral may act as Expert in the dispute provided all parties agree. Article 16 shall applymutatis mutandis.Date of Commencement of Expert Determina

20、tionArticle 7(a) The date of commencement of the expert determination shall be the date on which the Request for Expert Determination is received by the Center.(b) The Center shall inform the parties in writing of the receipt by it of the Request for Expert Determination and of the date of commencem

21、ent of the expert determination.Answer to the RequestArticle 8(a) When a Request for Expert Determination is not jointly filed by the parties, the party that has not filed the Request may submit, within 14 calendar days of the date of commencement of the expert determination, an Answer to the Reques

22、t.(b) The Answer to the Request shall reply to the particulars of the Request for Expert Determination and shall be accompanied by any additional documents or other information which the party deems relevant to the Determination.Appointment of ExpertArticle 9(a) Unless the parties have agreed themse

23、lves on the person of the Expert, the Center shall proceed to appoint the Expert upon receipt of the Answer to the Request or the lapse of the time period for the submission of such Answer. When a Request for Expert Determination is jointly filed by the parties, and the parties have not agreed thems

24、elves on the person of the Expert, the Center shall proceed to appoint the Expert upon receipt of the Request for Expert Determination.(b) Where the parties have not agreed on the number of Experts, the Center shall appoint a sole Expert, except where the Center in its discretion determines that, in

25、 view of all relevant circumstances, more than one Expert is appropriate.(c) Unless the parties have agreed themselves on the person of the Expert or on another procedure for appointing the Expert, the Expert shall be appointed by the Center after consultation with the parties.(d) The Centers appoin

26、tment of the Expert will have regard to, without limitation:(i) any views expressed by the parties;(ii) the matter on which the Determination is sought;(iii) the Experts relevant expertise;(iv) the ability of the Expert to complete the expert determination with due expedition;(v) the language of the

27、 expert determination;(vi) the place and nationality of the Expert and the parties.(e) For the purposes of paragraph (d)(i) of this Article, the Center may communicate to the parties the details of one or more candidates for appointment and invite parties to communicate their views.(f) The Expert sh

28、all, by accepting appointment, be deemed to have undertaken to make available sufficient time to enable the expert determination to be completed with due expedition.Impartiality and IndependenceArticle 10(a) The Expert shall be impartial and independent.(b) The prospective Expert shall, before accep

29、ting appointment, disclose to the parties and the Center any circumstances that might give rise to justifiable doubt as to the Experts impartiality or independence, or confirm in writing that no such circumstances exist.(c) If, at any stage during the expert determination, new circumstances arise th

30、at might give rise to justifiable doubt as to the Experts impartiality or independence, the Expert shall promptly disclose such circumstances to the parties and the Center.(d) Unless required by a court of law or authorized in writing by the parties, the Expert shall not act in any capacity whatsoev

31、er, otherwise than as an Expert, in any pending or future proceedings, whether judicial, arbitral or otherwise, relating to the matter referred to expert determination.Challenge of ExpertArticle 11(a) The Expert may be challenged by a party if circumstances exist that give rise to justifiable doubt

32、as to the Experts impartiality or independence.(b) A party challenging an Expert shall send notice of the challenge, stating the reasons for the challenge, within seven calendar days after being notified of the Experts appointment or after becoming aware of the circumstances underlying such challenge.(c) The Expert or the Center may, in its discretion, suspend or continue the expert determination during the pendency of the challenge.(d) If the Expert is challenged by a party, and the other party does not agree to the cha