Mediation for Foreign-Related Intellectual Property Cases Referred by Courts in China
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In 2017 and 2023, the World Intellectual Property Organization (WIPO) and the Supreme People’s Court of the People’s Republic of China (SPC) signed Memoranda of Understanding (MoUs) on Strengthening Exchanges and Cooperation, under which the SPC supports the promotion in China of WIPO’s alternative dispute resolution (ADR) services for IP-related disputes.
In 2019, the Ministry of Justice of the People’s Republic of China (MOJ) authorized the WIPO Arbitration and Mediation Shanghai Service to provide arbitration and mediation services for foreign-related IP disputes in China. In 2025, WIPO and the MOJ signed a MoU on Strengthening Exchanges and Cooperation. Under this MoU, the MOJ supports the promotion in China by WIPO of its ADR services for IP-related disputes and supports the WIPO Arbitration and Mediation Shanghai Service in exploring to broaden the arbitration and mediation services for IP disputes in China.
Since October 2021, the WIPO Arbitration and Mediation Center (WIPO Center) has signed agreements with the High People’s Courts of Shanghai, Fujian, Hainan, Guangdong, Chongqing and Sichuan to strengthen cooperation on ADR in the area of IP. Under these agreements, the courts can refer foreign-related IP cases to the WIPO Arbitration and Mediation Shanghai Service for mediation. A settlement agreement resulting from WIPO mediation may, upon request by the parties, be confirmed by the court in accordance with the law and recorded in a civil mediation paper that shall have the same legal effect as a court judgment.
Since October 2021, the WIPO Arbitration and Mediation Center (WIPO Center) has signed agreements with the High People’s Courts of Shanghai, Fujian, Hainan, Guangdong, Chongqing and Sichuan to strengthen cooperation on ADR in the area of IP. Under these agreements, the courts can refer foreign-related IP cases to the WIPO Arbitration and Mediation Shanghai Service for mediation. A settlement agreement resulting from WIPO mediation may, upon request by the parties, be confirmed by the court in accordance with the law and recorded in a civil mediation paper that shall have the same legal effect as a court judgment.
In October 2021, WIPO concluded an MoU with the Shanghai High People’s Court. The Shanghai High People’s Court, Shanghai IP Court, Pudong Primary People’s Court, Putuo Primary People’s Court, Xuhui Primary People’s Court and Yangpu Primary People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation. In September 2025, the two sides amended the MoU, under which the Shanghai High People’s Court expanded, on the basis of the existing referring courts, the scope of courts that may refer foreign-related IP cases to the WIPO Shanghai Service for mediation to include all Primary People’s Courts in the city.
In December 2022, the WIPO Center signed a cooperation agreement with the Fujian High People’s Court. The Fujian High People’s Court, Fuzhou Intermediate People’s Court, Xiamen Intermediate People’s Court and Quanzhou Intermediate People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In March 2023, the WIPO Center signed a cooperation agreement with the Hainan High People’s Court. The Hainan High People's Court, the Hainan Free Trade Port Intellectual Property Court, the Primary People’s Court of Danzhou City, the Primary People’s Court of Chengjiao District of Sanya City, the Primary People’s Court of Qionghai City and the Primary People’s Court of Qiongshan District of Haikou City can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2023, the WIPO Center signed a cooperation agreement with the Guangdong High People’s Court. The Guangdong High People's Court, Guangzhou Intellectual Property Court, Shenzhen Intermediate People’s Court, Zhuhai Intermediate People’s Court, Guangzhou Internet Court, the Primary People’s Court of Nansha District of Guangdong Free Trade Zone, the Primary People’s Court of Qianhai Cooperation Zone of Shenzhen City and the Primary People’s Court of Guangdong-Macao In-depth Cooperation Zone in Hengqin can refer foreign-, Hong Kong- and Macao-related IP cases to the WIPO Shanghai Service for mediation.
In June 2024, the WIPO Center signed a cooperation agreement with the Chongqing High People’s Court. The Chongqing High People’s Court, the Chongqing First Intermediate People’s Court, the Chongqing Liangjiang New Area People’s Court (the Chongqing Pilot Free Trade Zone People’s Court) and the Chongqing Yuzhong District People’s Court can refer foreign-related (including foreign-invested enterprises) IP cases to the WIPO Shanghai Service for mediation.
In December 2024, the WIPO Center signed a cooperation agreement with the Sichuan High People’s Court. The Sichuan High People’s Court, the Intermediate People’s Courts of Sichuan Province as well as the Primary People’s Courts of Sichuan Province with jurisdiction over IP civil cases can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2022, the WIPO Center signed a cooperation agreement with the Fujian High People’s Court. The Fujian High People’s Court, Fuzhou Intermediate People’s Court, Xiamen Intermediate People’s Court and Quanzhou Intermediate People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In March 2023, the WIPO Center signed a cooperation agreement with the Hainan High People’s Court. The Hainan High People's Court, the Hainan Free Trade Port Intellectual Property Court, the Primary People’s Court of Danzhou City, the Primary People’s Court of Chengjiao District of Sanya City, the Primary People’s Court of Qionghai City and the Primary People’s Court of Qiongshan District of Haikou City can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2023, the WIPO Center signed a cooperation agreement with the Guangdong High People’s Court. The Guangdong High People's Court, Guangzhou Intellectual Property Court, Shenzhen Intermediate People’s Court, Zhuhai Intermediate People’s Court, Guangzhou Internet Court, the Primary People’s Court of Nansha District of Guangdong Free Trade Zone, the Primary People’s Court of Qianhai Cooperation Zone of Shenzhen City and the Primary People’s Court of Guangdong-Macao In-depth Cooperation Zone in Hengqin can refer foreign-, Hong Kong- and Macao-related IP cases to the WIPO Shanghai Service for mediation.
In June 2024, the WIPO Center signed a cooperation agreement with the Chongqing High People’s Court. The Chongqing High People’s Court, the Chongqing First Intermediate People’s Court, the Chongqing Liangjiang New Area People’s Court (the Chongqing Pilot Free Trade Zone People’s Court) and the Chongqing Yuzhong District People’s Court can refer foreign-related (including foreign-invested enterprises) IP cases to the WIPO Shanghai Service for mediation.
In December 2024, the WIPO Center signed a cooperation agreement with the Sichuan High People’s Court. The Sichuan High People’s Court, the Intermediate People’s Courts of Sichuan Province as well as the Primary People’s Courts of Sichuan Province with jurisdiction over IP civil cases can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
