International Seminar in Bogota: Alternative Dispute Resolution Methods in Copyright and Related Rights

To address the challenges of copyright and related rights protection in Latin America, the European Union Intellectual Property Office (EUIPO), , organised the ‘International Seminar Alternative Dispute Resolution Methods in Copyright and Related Rights: Advances and Trends’ on 29 and 30 October at the Arbitration and Conciliation Centre of the Bogotá Chamber of Commerce. This event was organised in the context of the IP Key Latin America project, where the team of the EUIPO Mediation Centre and the Colombian National Directorate of Copyright cooperated on this event.

The EUIPO promotes Alternative Dispute Resolution (ADR) in IP

The seminar focused on promoting the resolution of conflicts related to copyright and related rights, as well as other IP disputes, through alternative dispute resolution methods (ADR). The EUIPO’s initiative sought to engage representatives of the Andean Community (CAN) copyright offices and lawyers with conflict management expertise in dispute resolution through mediation. Over two days, activities included keynote lectures and panel discussions, addressing issues such as mediation and conciliation practices, the EU experience in ADR, and the ethical and practical challenges these methods face in the region.

Alternative methods such as mediation and conciliation are gaining significance in resolving IP disputes. The growth of streaming platforms and the wider access to European productions and sporting events for Latin American audiences have led to increased unlicensed content and unpaid copyrights. This creates a complicated scenario for authorities in Latin America, who struggle to address online infringements promptly. In many cases, judicial and administrative processes are lengthy, discouraging copyright holders from initiating costly and time-consuming legal action.

Benefits of Alternative Dispute Resolution Methods

The seminar also underlined the importance of ADR as an effective tool for resolving disputes in a confidential, efficient and cost-effective manner. Mediation and conciliation can settle copyright disputes without the need for lengthy legal proceedings. In Colombia, for example, conciliation is managed by the National Copyright Directorate, which facilitates the resolution of a significant number of cases without a lengthy administrative process. Promoting these methods is essential to alleviate the burden on IP courts and offices.

The seminar showcases EUIPO´s continuous effort to:

• optimise operational efficiency and effectiveness by improving access to the IP system;
• promote the use of IP rights to support innovation-driven economic growth;
• build trust and respect for IP through education and awareness raising, which is essential in today’s digital environment.

The EUIPO also manages a Mediation Centre which provides alternative dispute resolution (ADR) services to all parties involved in intellectual property disputes pending before the EUIPO.

In terms of copyright, the EUIPO’s role as the host of pan-European copyright databases and portals, such as Agorateka, which helps to identify legal online content. Similarly, the Orphan Works Database and the Out-Of-Commerce Works portal provide a single online access point to discover books, photos, films and other cultural heritage institutions.

The EUIPO, as implementing agency of the EU-funded IP cooperation project IP Key Latin America, will continue to organise similar events in the region for the benefit of users.