SPC, PRC and CNIPA Established Online Litigation and Mediation Coordination Mechanism
The Supreme People's Court, PRC and the China National Intellectual Property Administration announced establishing a sound diversified settlement mechanism for intellectual property disputes, and carrying out online ‘litigation and mediation’ coordination of intellectual property disputes.
It is understood that the online litigation and mediation coordination of intellectual property disputes follow the below principles:
-- The first is the principle of justice according to law. The diversified settlement of intellectual property disputes must not violate the basic principles of the law. It must not harm the national interest, collective interest, and third parties’ legitimate rights and interests.
-- The second is the principle of voluntary mediation. Fully respect the wishes of all parties and ensure that the parties exercise their civil rights and litigation rights in accordance with the law.
-- The third is the principle of efficiency and convenience. According to the characteristics of intellectual property disputes, flexibly determine dispute resolution methods, strengthen the application of information technology, improve the efficiency of dispute resolution, and reduce the parties' dispute resolution costs.
The goal of the work is to give full play to the significant role of mediation in resolving conflicts and disputes in the field of intellectual property rights, give full play to the guiding and coordinating role of intellectual property management departments at all levels in resolving intellectual property disputes. The People's Courts’ leading, promoting, and safeguarding role in the reform of diversified dispute resolution mechanisms. It is significant to put the non-litigation dispute resolution mechanism ahead, and establish an organic connection, coordination and linkage, and efficient and convenient online litigation and mediation coordination work mechanism for intellectual property disputes.
In the specific online litigation and mediation business process, after the parties submit the dispute mediation application to the People’s Court, the People’s Court appoints and entrusts the mediation case to the relevant mediation organization or mediator based on the mediation platform; the mediation organization and mediator log in to the mediation platform to accept appointment, entrust, and carry out mediation work. After mediation is completed, enter the mediation results into the mediation platform and inform the relevant Courts. The parties can also directly submit a mediation application to the appropriate mediation organization through the mediation platform.
In the successful mediation cases, the mediator organizes both parties to sign an online mediation agreement. Both parties can jointly apply for online judicial confirmation or issue a mediation agreement. The People's Court will conduct online judicial confirmation of the mediation agreement through the mediation platform, or issue a mediation statement after the case is filed; the People's Court shall follow the law to register the case or continue the trial.
For cases that are successfully mediated offline by the mediation organization, and can be judicially confirmed, the online judicial confirmation can be made through the mediation platform.