Mediation for Foreign-Related Intellectual Property Cases Referred by Courts in China

A framework of exchanges and cooperation between the Supreme People’s Court of the People’s Republic of China (SPC) and the World Intellectual Property Organization (WIPO) has been established upon the signing of a Memorandum of Understanding (MoU) in April 2017. Among a number of activities involving WIPO under the MoU, the SPC and the WIPO Arbitration and Mediation Center (the WIPO Center) collaborate in the area of alternative dispute resolution (ADR) to help resolve IP and technology disputes in China.

In October 2021, WIPO concluded an MoU with the Shanghai High People’s Court. With the mutual consent of the parties, 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 Arbitration and Mediation Shanghai Service (WIPO Shanghai Service) for mediation.

In December 2022, the WIPO Center signed a cooperation agreement with the Fujian High People’s Court. With the mutual consent of the parties, 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.

At present, the WIPO Shanghai Service has received more than 60 mediation cases referred by courts. In cases where a mediator was appointed, the settlement rate was 80%. Legal areas cover various types of IP (Table 1). Parties involved in these cases are from 13 countries (Table 2).

Table 1: Legal Area

legalarea

Table 2: Party Location

partylocation2023

Contact us

WIPO List of Mediators

Effective proceedings to a large extent depend on the quality of the mediator. The WIPO Center has established a dedicated list of mediators specialized in the areas of patents, trademarks, copyright, trade secrets, and other technology-related areas that are the subject of the dispute before courts in China.

How to refer a dispute to WIPO Mediation?

If both parties agree to refer a dispute pending before courts in China to WIPO Mediation, the parties shall:

i. Complete and sign the Mediation Agreement (download).

ii. Send the Mediation Agreement to the WIPO Shanghai Service by email to arbiter.referrals@wipo.int.

Any further enquiries may be directed to the WIPO Shanghai Service at arbiter.referrals@wipo.int.

How much does WIPO Mediation cost?

Reduced WIPO administration and mediator’s fees apply to cases referred by courts in China.

Administration Fee Mediator’s Fees
USD 50

USD 350 per party (includes 4 hours of preparation and mediation) (*)

Additional hours: USD 140 per hour per party (*)

(*) Indicative rates.

  1. After consulting with the parties and the mediator, the WIPO Center shall determine the final amount to be paid to the mediator, taking into consideration the hourly or daily rates and other factors such as the complexity of the subject matter of the dispute of the mediation, the total time spent by the mediator, the diligence of the mediator and the rapidity of the mediation proceedings.
  2. Where the mediation does not proceed or terminates without a settlement between the parties, no fees will be due to the WIPO Center and the mediator.

Payment Details

  1. Payments to the WIPO Center shall be made by any of the following means only:
    i) Bank transfer:
    Payments in USD: WIPO Account IBAN CH6804835063039782000, Credit Suisse, CH-1211 Geneva 70, Switzerland, SWIFT Code CRESCHZZ80A
    When making the transfer, please indicate the purpose of the payment, including the case reference if available, or the names of the parties to the proceeding.
    ii) Credit Card / China UnionPay:
    Please contact arbiter.referrals@wipo.int.
  2. Payments by check or in cash will not be accepted.
  3. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the WIPO Center shall be the responsibility of the party making the payment.

Contact

WIPO Office in China
WIPO Arbitration and Mediation Shanghai Service		 WIPO Arbitration and Mediation Center

No.2 Dongkoudai Hutong
Xicheng District
Beijing 100009
China

Hearings will be held at:
Unit 04B, 28/F, Shanghai Jinmao Tower
No. 88, Century Avenue
Pudong New Area
Shanghai 200120, China

T + 86 10 8322 0238 or +86 21 6895 6059
E arbiter.referrals@wipo.int

34, chemin des Colombettes
1211 Geneva 20
Switzerland

T +4122 338 8247
E arbiter.mail@wipo.int / arbiter.referrals@wipo.int
W www.wipo.int/amc