Shanghai Intellectual Property Court Takes Four Measures to Promote Construction of a Diversified Dispute Resolution Mechanism

In 2016, among the 96 intellectual property cases accepted by Shanghai Intellectual Property Court in which the parties concerned agreed to pre-litigation mediation, 23 were mediated in successfully, realizing a success rate of 24%. As for the measures, specifically, the first is introducing third-party mediating forces and building a specialized platform. In view of the high specialtyof intellectual property cases, Shanghai Intellectual Property Court signed the Cooperative Agreement on Diversified Dispute Resolution Mechanism by Coordinating Litigation with Non-Litigation with 10 social organizations and institutions, including software and bio-pharmaceutical industry associations, Mediation Center of Internet Society of China, People's Mediation Committee for Civil and Commercial Affairs of Shanghai Federation of Industry and Commerce, so as to expand its mediation team by absorbing social resources, make mediation more specialized, professional and standardized, and realize complementation between trial and social resources; the second is expanding the scope of cases which can resort to pre-litigation mediation and forming a diversified dispute resolution mode of "Giving priority to mediation andtaking judicature as the last resort". Shanghai Intellectual Property Court gives full play to the role of pre-litigation mediation in classifying complex and simple cases and improving the trial efficiency and will start mediation procedures after getting consent of the parties concerned. Litigation procedures will be begun for the cases in whichthe parties concerned refuse mediation. The measure has helped mediate in more disputes, saved the cost of litigation and alleviated litigation exhaustion of the parties concerned in a case; the third is making concerted efforts through internal coordination to work on pre-litigation mediation jointly. The Case Filing Tribunal is responsible for arranging mediators, reviewing mediation records and issuing legal documents, etc., andthe Intellectual Property Tribunal is responsible for contacting the parties concerned, determining the mediation date and interpreting on the spot, etc., which has madethe communication mechanism inside the court increasingly improved and the effect of concerted efforts increasingly obvious; the fourth is introducing mediators who are based in the court on the regular basis to realize seamless connectionbetween case filing investigation and pre-litigation mediation. Shanghai Commercial Mediation Center dispatches mediation secretaries on a daily basisand People's Mediation Committee for Civil and Commercial Affairs of Shanghai Federation of Industry and Commerce dispatches mediators and assistants to the court every Wednesday. For a case where the parties concerned agree to pre-litigation mediation, mediators will communicate with and persuade the parties directly, confirm the focus of the dispute effectively and analyze the dispute patiently so as to mediate in the case successfully as far as possible.

 

 

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