Implement the concept of full-course mediation, and resolve dispute before the trial

In the morning of August 8, Shanghai Intellectual Property Court formed a collegiate panel (formed by Chief Judge Chen Yajuan, Presiding Judge Qian Guangwen and Judge Ling Zongliang) and tried in open court the case of trademark right infringement and unfair competition dispute among the Appellant (a mechanical equipment limited company in Shanghai), the Appellee (Hangcha Group Co., Ltd.) and the Defendant in first trial (Hangzhou Alibaba Advertising Co., Ltd.). Before opening the court session, the collegiate panel knew that all parties concerned were intended to solve the dispute by mediation, and immediately decided to implement the mediation procedure in advance which should have been carried out in the final stage of the trial, and arranged for mediation between the parties before the trial. After understanding the regulations of the Trademark Act concerning use of trademark and damages, etc. as well as the judicial policy in force strengthening judicial protection of intellectual property rights, the Appellant had a correct understanding about its acts, and agreed to indemnify the Appellee for its related losses. Finally, the parties reached an agreement on compensation amount and payment mode, and entered into a mediation agreement. After deliberation, the collegiate panel confirmed the mediation agreement, and then executed a paper of mediation in court and delivered it to the parties concerned in less than an hour, which greatly improved the litigation efficiency and settled the case and dispute in a sound way.

 

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