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).
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.
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 email@example.com.
Any further enquiries may be directed to the WIPO Shanghai Service at firstname.lastname@example.org.
Reduced WIPO administration and mediator’s fees apply to cases referred by courts in China.
|Administration Fee||Mediator’s Fees|
USD 350 per party (includes 4 hours of preparation and mediation) (*)
Additional hours: USD 140 per hour per party (*)
(*) Indicative rates.
|WIPO Office in China
WIPO Arbitration and Mediation Shanghai Service
|WIPO Arbitration and Mediation Center|
No.2 Dongkoudai Hutong
Hearings will be held at:
T + 86 10 8322 0238 or +86 21 6895 6059
34, chemin des Colombettes
T +4122 338 8247