New Route for Resolving Foreign-Related IP Disputes
October 27, 2022
The WIPO Arbitration and Mediation Center is a neutral, international, and non-profit provider of dispute resolution services. It offers time- and cost-efficient alternative dispute resolution (ADR) options, such as mediation, arbitration, expedited arbitration, and expert determination to enable private parties to settle their domestic or cross-border IP and technology disputes.
WIPO Arbitration and Mediation Shanghai Service Collaborates with Shanghai Courts to Successfully Mediate Foreign-Related IP Dispute Cases
The WIPO Arbitration and Mediation Shanghai Service (“Shanghai Service”) was established in October 2019 in the China (Shanghai) Pilot Free Trade Zone, which is the first foreign arbitral institution approved by the Ministry of Justice of the People’s Republic of China to be engaged in arbitration and mediation of foreign-related IP dispute cases in China. In July 2020, with the approval of the Supreme People’s Court of the People’s Republic of China, the Shanghai High People’s Court commenced referring foreign-related IP dispute cases to the Shanghai Service. In October 2021, WIPO and the Shanghai High People’s Court concluded the Memorandum of Understanding Between the World Intellectual Property Organization and the Shanghai High People’s Court of the People’s Republic of China Concerning Cooperation on Alternative Dispute Resolution in the Area of Intellectual Property that further expanded the scale of Shanghai courts able to refer cases to the Shanghai Service for mediation.
So far, the Shanghai Service has received more than 50 mediation cases referred by courts, with an overall settlement rate of almost 40%, and in cases where a mediator was appointed, the settlement rate was 80%. Legal areas of these cases cover various kinds of intellectual property, including patent, trademark, trademark and unfair competition, copyright, unfair competition, technical services contract etc. Parties involved in these cases are from 12 countries, such as the US, Germany, France, the UK etc.
The collaboration between the Shanghai Service and Shanghai courts to successfully mediate foreign-related IP dispute cases is welcomed by both Chinese and foreign parties. They believe that this model of dispute resolution can speed up the dispute resolution process, mitigates the financial risk, avoid long trial with uncertain outcome and resolve their disputes.
The Supreme People’s Court has actively supported the collaboration between WIPO and Shanghai courts concerning mediation of foreign-related IP dispute cases. The Shanghai High People’s Court believes that the collaboration between WIPO and the Shanghai High People’s Court provides a new route for resolving foreign-related IP dispute cases and has great significance in exploring the establishment of a diversified international IP dispute resolution mechanism.
WIPO ADR is specialized, flexible and confidential. Its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or enhance profitable business relationships with each other. WIPO ADR can save time and money in the resolution of disputes.
Visit the WIPO mediation for IP and technology disputes pending before courts in China to find more information.