Training Seminar on WIPO Arbitration and Mediation Services and Domain Name Protection Held in Shenzhen

November 27, 2022

On November 24, the Training Seminar on WIPO Arbitration and Mediation Services and Domain Name Protection was held in Shenzhen. Ms. Liu Hua, Director of World Intellectual Property Organization (WIPO) Office in China, addressed the Training Seminar via video. Mr. Li Zhong, Director General of the Shenzhen Administration For Market Regulation (Shenzhen Intellectual Property Administration) attended and addressed the Training Seminar.

Ms. Liu Hua noted that arbitration and mediation, as one of the ways to resolve cross-border IP disputes, has the advantages of being efficient, professional, neutral, confidential and flexible, and also helps to reduce confrontation and enhance favorable business relations. The WIPO Arbitration and Mediation Centre (WIPO Center) is a neutral, international and non-profit dispute resolution institution that provides a wide range of cost-effective alternative dispute resolution services such as mediation, arbitration, expedited arbitration and expert determination. She said that the establishment of the WIPO Arbitration and Mediation Shanghai Service in the Shanghai Free Trade Zone in 2019 has provided more cost-effective and efficient alternative dispute resolution options of international standard for cross-border intellectual property and technology disputes, which is welcomed by both Chinese and foreign parties.

Ms. Liu Hua presented WIPO case examples relating to life sciences disputes, disputes concerning fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents (SEPs) and copyright and content related disputes.

Case Example 1  WIPO Mediation for Life Sciences Disputes

In a WIPO mediation case, University A and Company B were negotiating a license agreement, but had been unable to agree on the terms of the license after three years of negotiations. The Parties submitted a joint request for WIPO mediation. The WIPO-appointed mediator helped the Parties identify the issues, find mutual interests and deepen the understanding of their obligations. The Parties finally reached an agreement.

Case Example 2  WIPO Mediation for Negotiating FRAND Licensing Agreements

WIPO has received requests for mediation relating to ongoing licensing negotiations between a patent pool administrator and implementers. These cases included parties from 23 jurisdictions; 50% of cases involved parties based in Asia including China, India, Japan and the Republic of Korea.  WIPO Mediation has facilitated the renewal of licensing negotiations.

Case Example 3  WIPO Arbitration for Copyright Disputes

In a WIPO arbitration case, Company A and Sports Federation B had a dispute over the agreement they had signed for the exclusive broadcast distribution of sports competitions to television audiences in Asia and the Pacific region. Company A claimed damages for breach of contract. Pursuant to the dispute resolution clause in the broadcast rights distribution agreement, the Parties referred their dispute for WIPO Arbitration. Following consultations between the Parties and the WIPO Center, a sole arbitrator experienced in media and sport issues was appointed. The sole arbitrator rendered a final award within a year of the commencement of the arbitration.

Ms. Liu Hua said that intellectual property has become the core competitiveness leading Shenzhen's high-quality innovation development. Shenzhen-Hong Kong-Guangzhou ranks second in the world in terms of top science and technology clusters. In the future, WIPO will provide neutral, professional, economical and efficient IPR alternative dispute resolution services to Shenzhen's innovation players in cutting-edge areas such as information and communications technology, R&D and technology transfer, digital copyright and content, and life sciences, empowering the development of future industry of Shenzhen.

Mr. Li Zhong said that in recent years, Shenzhen has thoroughly implemented China's decision to build a strong intellectual property country, planned at a high starting point, promoted at a high standard and built a benchmark intellectual property city at a high level, and implemented the strictest intellectual property protection. Intellectual Property has become an important driving force and "core code" for Shenzhen's innovation-driven development and technological progress. Shenzhen will strive to establish a closer, deeper and more diversified cooperation mechanism with WIPO and WIPO Office in China, to solidly promote the exchanges and cooperation between with foreign countries in the field of intellectual property, and to provide more experience and examples from Shenzhen for China's integration into the global intellectual property governance system.

During the keynote session, Mr. Lu Guoqiang, Senior Counsellor of the WIPO Office in China, gave a detailed presentation on the alternative dispute resolution mechanisms offered by the WIPO Center and the operations of the Shanghai Service. Ms. Zhou Dandan, Legal Officer of the WIPO Center shared WIPO-initiated Unified Domain Name Dispute Resolution Policy. Mr. Yu Chunhui, former Chief Judge of Shenzhen Intermediate People's Court, shared the new trend of judicial protection of intellectual property in terms of comprehensive system, patent system and trade secrets.

The Training Seminar was co-hosted by WOC and the Shenzhen Administration For Market Regulation (Shenzhen Intellectual Property Administration), and organized by China (Shenzhen) Intellectual Property Protection Center and the Shenzhen Branch of the National Overseas Intellectual Property Dispute Response Guidance Center. Representatives from governments, universities and enterprises participated in the Training Seminar.