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.
In March 2023, the WIPO Center signed a cooperation agreement with the Hainan High People’s Court. With the mutual consent of the parties, 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. With the mutual consent of the parties, 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.
Since its establishment in October 2019 in the China (Shanghai) Pilot Free Trade Zone, the WIPO Shanghai Service has received over 100 mediation cases referred by courts in China, with a settlement rate of around 60%.
Disputes covered a wide range of IP areas, with trademarks (62%) and patents (22%) most common, followed by copyright and digital content (10%), commercial disputes (4%) and ICT (2%).
Business sectors included luxury goods and fashion (44%), informational technology (14%), mechanical processes/equipment (11%), entertainment (9%), life sciences (7%) and other business areas (15%).
Parties involved in these disputes came from 16 countries – Belgium, Canada, China, Finland, France, Germany, Italy, Japan, Luxembourg, New Zealand, Republic of Korea, Singapore, Sweden, Switzerland, United Kingdom and United States of America.
Small and medium-sized enterprises (SMEs) comprised 46% of all parties involved in these disputes, large-sized enterprises accounted for about 44% and individuals accounted for about 10%.
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).
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.
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.
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
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.
Payments by check or in cash will not be accepted.
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
