News and Notes from Asia Media Festival 2009: 7 December 2009

Vital to Promote Intellectual Property Protection

The key to stimulating Singapore’s media industry lies not just in providing grants or funds and nurturing creativity, but also in stimulating the industry as a whole. And this includes promoting intellectual property rights, said Mr Kenneth Tan, Chief Operating Officer of the Media Development Authority.

An MOU was signed in July this year between the World Intellectual Property Organisation (WIPO) and Singapore to set up the Arbitration and Mediation Centre here, which will open in January 2010.

Speaking at an introduction session on the WIPO Film and Media Dispute Prevention and Resolution, Mr Tan called the plan to establish the Asia Pacific WIPO Arbitration and Mediation Centre in Singapore a timely move as the country is positioning and promoting itself as a centre of excellence for IP protection.

During the workshop, Mr Ignacio de Castro, Deputy Director, WIPO Arbitration and Mediation Centre, ran through the rules, methods and success rates of WIPO’s mediation and arbitration, as well as important considerations such as the cost of each action.

Mr Ian Booth, CEO, ScreenWest Australia, gave his views on how mediation could benefit small, independent companies which are partnering big, international companies, where there is inequality in the bargaining position.

Mr Richard Tan, Senior Consultant, Lovells Lee & Lee, stressed the importance of the “midnight clause”. This refers to an arbitration clause that determines the jurisdiction in which disputes can be settled, and who settles them. This clause is usually the last item in a contract. The midnight clause is worth burning some midnight oil over.

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