BIPA Mediation Center

1. Background

The BIPA Mediation Centre is established in terms of Section 5 (3) (a) of Act No. 8 of 2016 and is mandated to facilitate voluntary mediation of disputes between parties upon requests. It is another mechanism for enforcement of legislations under BIPA mandates, that includes disputes within:

• BIPA Act (Act 1of 2012)
• Copyright and Neighboring Rights Protection Act 6 of 1994
• Industrial Property Act 1 of 2012
• Companies Act 28 of 2004 as amended
• Close Corporations Act 26 of 1988 as amended

2. Rationale for BIPA-MC

The BIPA-MC is established to safeguard businesses and intellectual property rights, the Mediation Centre functions as the principal platform for concerned parties to seek negotiations and conciliation on disputes related to business names, registrations, and intellectual property rights. This enables individuals and businesses to resolve their disputes in a timely manner, preserve business relations, and protect intellectual property rights.

3. Objectives of the BIPA-MC

• To serve as the primary platform for resolving disputes concerning business registration and intellectual property rights.
• To offer a specialized and effective platform for resolving disputes related to business name and registration processes, and intellectual property matters, while ensuring the protection and respect of businesses and their intellectual property rights.
• To encourage and advocate for the use of mediation as the preferred approach for resolving disputes arising from business registration and intellectual property rights.
• To promote friendly settlements that strengthen and reinforce business relationships.
• To engage in constructive negotiations aimed at achieving fair and mutually acceptable resolutions for all parties involved.

4. The functions of BIPA-MC

• To facilitate voluntary mediation of disputes between parties.

5. Mediation Process and Procedures

• An interested party may request for mediation at BIPA by completing the request form as per the link: https://www3.wipo.int/amc-forms/en/office/bipa/case
• All mediations will be handled in accordance with the BIPA Mediation Rules and Procedures.

6. Advantages of the BIPA-MC

• Mediation process is voluntary and free of cost.
• All discussions before the Mediator remain confidential.
• Parties have option to select a Mediator from a list of Neutral of Mediators.
• Parties to a mediation make their final decisions reached are entirely up to the disputing parties.

BIPA Mediation Rules and Procedures