At the request of EGEDA, the WIPO Arbitration and Mediation Center has developed WIPO Expedited Arbitration Rules for EGEDA tailored to the specific needs of EGEDA rightsholders.
What is EGEDA?
EGEDA refers to the "Entidad de Gestión de Derechos de los Productores Audiovisuales". EGEDA is the collecting society that represents and defends the interests of audiovisual producers in Spain, arising from the rights recognized and protected under Spain’s current Intellectual Property Act (dated April 12, 1996).
First Mandatory Phase: EGEDA Conflict Resolution Procedure
EGEDA operates a conflict resolution procedure for disputes between EGEDA rightsholders who have declared their rights to EGEDA. Conflicts arise when two or more members claim to be entitled to certain exploitation rights, pursuant to Article 18 of the EGEDA Registration of Audiovisual Works Rules.
The EGEDA Conflict Rules for these disputes provide for a settlement and recommendation phase conducted by EGEDA. More information on the EGEDA Conflict Resolution Procedure may be obtained at //www.egeda.es/EGE_Procedimiento.asp.
Second Optional Phase: WIPO Expedited Arbitration for EGEDA
If EGEDA’s final recommendation is rejected by either party, they can start litigation or arbitration under the WIPO Expedited Arbitration Rules for EGEDA, in accordance with Article 18 of the EGEDA Registration of Audiovisual Works Rules.
The WIPO Expedited Arbitration Rules for EGEDA thus apply where an Arbitration Agreement between EGEDA rightsholders provides for arbitration under the WIPO Expedited Arbitration Rules for EGEDA.
(i) Unless the parties have already filed an Arbitration Agreement with EGEDA and the WIPO Center, the Claimant shall send a written notification to EGEDA and the WIPO Center of its Intention to file a Request for Arbitration against the Respondent, whereupon the WIPO Center will request the parties to sign an Arbitration Agreement.
(ii) A party may file submissions in Spanish or English, subject to appropriate determination by the sole arbitrator, in accordance with Article 35 of the WIPO Expedited Arbitration Rules for EGEDA.
(iii) Unless the parties agree otherwise, the arbitrator’s fees shall not exceed € 200 per hour and are capped at a maximum of € 4,000, in accordance with the Schedule of Fees for WIPO Expedited Arbitration for EGEDA.
(iv) The WIPO Center communicates the award to each of the parties and to EGEDA. EGEDA executes the award, updates the rights and releases the royalties blocked by the conflict accordingly.
The effectiveness of arbitration depends largely on the quality of the arbitrator. The WIPO Center disposes of a database of over 1,500 independent WIPO arbitrators, mediators and experts from more than 70 different countries, with expertise in Intellectual Property.
The WIPO Center has identified a separate panel of highly qualified and recognized copyright and entertainment law arbitrators from various jurisdictions for appointment in cases under the WIPO Expedited Arbitration Rules for EGEDA.
WIPO Arbitration and Mediation Center
World Intellectual Property Organization (WIPO)
34, chemin des Colombettes, 1211 Geneva 20, Switzerland
Tel: (41-22) 338 8247 - Fax: (41-22) 338 8337
E-mail: [email protected]