On December 29, 2020, Office of the China National Intellectual Property Administration (CNIPA) and the General Office of the Supreme People's Court jointly issued the Notice on the Establishment of Online Litigation and Conciliation Docking Mechanism for Intellectual Property Disputes (see https://www.cnipa.gov.cn/art/2021/1/6/art_ 75_ 156076. HTML for details) in order to establish and improve a diversified resolution mechanism for intellectual property disputes.
The issuance of the Notice will give full play to the important role of mediation in resolving conflicts and disputes in the field of intellectual property, to the guiding and coordinating role of intellectual property administrative departments at all levels in solving intellectual property disputes, and also the guiding, promoting and guaranteeing role of the people's courts in the reform of diversified dispute resolution mechanism, so as to establish an efficient and convenient online litigation and mediation docking mechanism for IP disputes with good connection and coordination.
The Notice specifies the establishment of a "general to general" online litigation and mediation docking mechanism. CNIPA and the Supreme People's Court coordinate to promote the construction of the mechanism. CNIPA guides the IP administrative departments at all levels to establish a coordination mechanism with the people's court at the same level, guides the national intellectual property dispute mediation organizations and mediators to settle in the mediation platform of the people's court, and carry out the whole process of online mediation, online application for judicial confirmation, mediation statement and other litigation mediation docking work.
The Notice requires intellectual property administrative departments at all levels to be responsible for the docking of litigation and mediation with the people's courts at the same level. To guide the intellectual property protection center, fast enforcement center, enforcement assistance center and other organizations to establish the management system of mediation organizations and mediators' roster, as well as guide mediation organizations and mediators to enter the online mediation platform of the people's court, and organize them to carry out online mediation. The notice specifies the information collection and management of mediation organizations and mediators, the confirmation of specially invited mediation organizations and mediators, the business process of online litigation-mediation docking, the strengthening of online audio and video mediation and the informationization construction of mediation work, etc.
For the next step, CNIPA will work with the Supreme People's Court to establish a working mechanism, continue to promote the docking of litigation and mediation for intellectual property disputes, and actively improve the work pattern of great intellectual property protection.