The SPC and the China National Intellectual Property Administration announced establishing a settlement mechanism for IP disputes, and carrying out online 'litigation and mediation' coordination of IP disputes.

The platform allows parties of a dispute to submit the dispute mediation application to the court; the court will appoint and entrust 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 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 court shall follow the law to register the case or continue the trial.

For cases that are mediated offline by the mediation organization and can be judicially confirmed, an online judicial confirmation can be made through the mediation platform.

AFD China Newsletter is intended to provide our clients and business partners information only. The information provided on the newsletter should not be considered as professional advice, and should not form the basis of any business decisions.