In order to establish a regular mechanism for mediation in the middle of first and second instances of intellectual property cases, Shanghai Intellectual Property Court has taken three measures to advance mid-litigation mediation in a lawful, normative and effective manner. First, formulate an action plan to advance mid-litigation entrusted mediation. According to the characteristics of intellectual property cases, Shanghai Intellectual Property Court formulated the Action Plan for Advancing Mid-litigation Entrusted Mediation, which establishes the basic principle of fully implementing entrusted mediation in first and second instances inintellectual property tribunals; establishes an entrusted mediation liaison mechanism to send specially-assigned person to contact mediation organizations; gives play to the leading role of judge assistants in entrusted mediation, law interpretation and instrument making, etc. in the process of entrusted mediation; defines the scope, time limit, place, procedures of entrusted mediation and rules on the deduction and exemption of case acceptance fee; and advocates mediation by making use of on-line mediation platform, etc. Second, conduct investigations and take advice from multiple mediation organizations. This year, Shanghai Intellectual Property Court has held forums for advancing mediation work with several organizations including Shanghai Commercial Mediation Center, Shanghai Software Industry Association and Intellectual Property Mediation Center of Shanghai Cultural and Creative Industry Legal Service Platform to hear their opinions and suggestions about mid-litigation mediation. It has also established a regularly stationed mediator mechanism and a specific contact mechanism to ensure the implementation of mid-litigation mediation and give play to diversified dispute resolution mechanisms. Third, convene meetings to advance mid-litigation entrusted mediation. The court will introduce the procedures and matters needing attention of mid-litigation entrusted mediation to judges and judge assistants.

Mid-litigation mediation can effectively separate complex intellectual property cases from simple ones, so that judges can spare more efforts to try complex cases. It also helps to develop judge assistants’ organization, communication and coordination skills, solve the contradiction among the parties in a softer manner, and meet people’sdemand for diversified dispute solutions. Since the attempts made last year, Shanghai Intellectual Property Court has applied the entrusted mediation procedure to 37 cases, among which 30 were entrusted to the Intellectual Property Mediation Center of Shanghai Cultural and Creative Industry Legal Service Platform and 7 were entrusted to Shanghai Software Industry Association.