Guatemala Inaugurates the Mediation Center of the Intellectual Property Registry: A Step Towards Alternative Dispute Resolution

On 24 January 2025, Guatemala reached a milestone in intellectual property protection in the country with the inauguration of the Intellectual Property Registry’s Mediation Center. This new space aims to offer alternative solutions for resolving disputes related to copyright and related rights, thus avoiding lengthy and costly judicial processes.

Guatemala’s, Copyright and Industrial Property laws allow for the settlement of disputes out of court, including criminal matters.

Over the few months that the Mediation Center has been operating, it has already mediated several disputes over the payment of royalties between individuals and Collective Rights Management Organizations successfully.

Although originally limited in scope to copyright disputes, the Registry has recently expanded the scope of the mediation services provided at the center to include trademark and patent disputes.

A New Approach to Dispute Resolution

Mediation is an effective and quick method for resolving conflicts, allowing the involved parties to reach agreements voluntarily with the assistance of specialized mediators. With the creation of this center, Guatemala seeks to strengthen rule of law in intellectual property matters and promote a more favorable environment for innovation and creativity.

Benefits of the Mediation Center

The inauguration of this center represents multiple benefits for authors, artists, entrepreneurs, and anyone involved in disputes over intellectual property rights in the country. The main advantages include:

1. Cost and Time Reduction: Judicial processes can be long and expensive. Mediation allows disputes to be resolved more quickly and economically, especially benefiting small creators and entrepreneurs.
2. Confidentiality: Unlike judicial processes, where information may become public, mediation takes place in a private setting, protecting the interests and reputations of the parties involved.
3. Tailored Solutions for Parties’ Needs: Unlike a court ruling, where one party may be more affected, mediation allows for agreements that satisfy both parties, fostering respect and cooperation.
4. Promotion of Dialogue and Negotiation: Mediation helps improve communication between parties and preserve commercial or creative relationships, which is crucial in the cultural and innovation industries.
5. Accessibility: The Mediation Center offers its services free of charge, facilitating access to justice for those who cannot afford litigation.

Strategic Alliance with WIPO

The new Mediation Center will work closely with the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO). Thanks to this alliance, users will have access to specialized digital mediation platforms, allowing disputes to be resolved both in person and virtually, enhancing its reach and effectiveness.

Additionally, the Center will feature the participation of authorized WIPO mediators, who have extensive experience in intellectual property dispute resolution. Their expertise ensures a fair, efficient, and well-structured mediation process, increasing the likelihood of successful agreements that benefit all parties involved.

A Significant Advancement for Guatemala

The launch of this center represents an important step in modernizing the dispute resolution system in Guatemala. With this new mechanism, the country strengthens its commitment to protecting intellectual property rights, providing effective tools for the peaceful resolution of conflicts and the reinforcement of the creative and entrepreneurial ecosystem.

For more information about the Mediation Center and its services, interested parties can visit the official website of the Intellectual Registry at www.portal.rpi.gob.gt.

The First Annual Intellectual Property Mediation Competition

To celebrate the inauguration of the Mediation Center and to spread the word about the Center’s services, the Guatemalan Intellectual Property Registry has organized a Mediation Competition. The competition is open to teams of 2 or 3 law students and/or practicing attorneys.

For more information on the Intellectual Property Competition you can visit https://portal.rpi.gob.gt/primera-competencia-de-mediacion-de-propiedad-intelectual/?fbclid=PAZXh0bgNhZW0CMTEAAadEwwc1a8vH1M1u8VWtbuQDOf_KgC_89QbQ93t-pYQHnOmJVyHcKNNtI-Um_g_aem_nVouHDsgdDLlyvtRbjxwAg