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This scientific article describes the formation and development of alternative dispute resolution opportunities within the World Intellectual Property Organization (WIPO). The legal nature and functional principles of the WIPO Arbitration and Mediation Center are analyzed, in particular, the key methods of alternative dispute resolution presented under its auspices are identified, the regulatory framework for activities is characterized, namely the Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules, including their legal force. Attention is paid to the principles of autonomy of the parties’ will, confidentiality, independence of neutral persons and procedural flexibility, which ensure the efficiency and predictability of procedures, and thus increase the level of trust in them. The article offers a brief overview of the main aspects of conducting alternative dispute resolution proceedings through four methods offered by the WIPO Center as a provider of these services. Their definition is determined and compliance with existing, generally recognized, international practices is established. Attention is paid to the advantages and effectiveness of the procedures, the feasibility of their use, and their connection with other international acts in the field of alternative dispute resolution. Special attention is given to the role of the Center in resolving domain name disputes in accordance with the Uniform Domain-Name Dispute Resolution Policy (UDRP) implemented by ICANN. In particular, it is determined that the WIPO Center is a leading international service provider in this area, effectively counteracts cybersquatting - the unfair registration, use, and sale of domain names for profit - and promotes the protection of the rights of trademark owners and domain registrants, establishing active cooperation to reduce cases of violations and the emergence of disputes. It is proven that the activities of the WIPO Center have become a key element of the global intellectual property protection system, demonstrating the organization’s high adaptability to the challenges of the digital economy and its ability to effectively combine international and private law dispute resolution tools, ensuring a balance of interests for all participants in legal relations.
Published in: Uzhhorod National University Herald Series Law
Volume 5, Issue 93, pp. 294-300