Mediation for Foreign-Related Intellectual Property Cases Referred by Courts in China
A framework of exchanges and cooperation between the Supreme People’s Court of the People’s Republic of China (SPC) and the World Intellectual Property Organization (WIPO) has been established upon the signing of a Memorandum of Understanding (MoU) in April 2017. Among a number of activities involving WIPO under the MoU, the SPC and the WIPO Arbitration and Mediation Center (the WIPO Center) collaborate in the area of alternative dispute resolution (ADR) to help resolve IP and technology disputes in China.
Since October 2021, the WIPO Center has signed agreements with the Shanghai High People’s Court, the Fujian High People’s Court, the Hainan High People’s Court, the Guangdong High People’s Court and the Chongqing High People’s Court to strengthen cooperation on ADR in the area of IP. Under these agreements, the courts can refer foreign-related IP cases to the WIPO Arbitration and Mediation Shanghai Service (the WIPO Shanghai Service) for mediation.
In October 2021, WIPO concluded an MoU with the Shanghai High People’s Court. The Shanghai High People’s Court, Shanghai IP Court, Pudong Primary People’s Court, Putuo Primary People’s Court, Xuhui Primary People’s Court and Yangpu Primary People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2022, the WIPO Center signed a cooperation agreement with the Fujian High People’s Court. The Fujian High People’s Court, Fuzhou Intermediate People’s Court, Xiamen Intermediate People’s Court and Quanzhou Intermediate People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In March 2023, the WIPO Center signed a cooperation agreement with the Hainan High People’s Court. The Hainan High People's Court, the Hainan Free Trade Port Intellectual Property Court, the Primary People’s Court of Danzhou City, the Primary People’s Court of Chengjiao District of Sanya City, the Primary People’s Court of Qionghai City and the Primary People’s Court of Qiongshan District of Haikou City can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2023, the WIPO Center signed a cooperation agreement with the Guangdong High People’s Court. The Guangdong High People's Court, Guangzhou Intellectual Property Court, Shenzhen Intermediate People’s Court, Zhuhai Intermediate People’s Court, Guangzhou Internet Court, the Primary People’s Court of Nansha District of Guangdong Free Trade Zone, the Primary People’s Court of Qianhai Cooperation Zone of Shenzhen City and the Primary People’s Court of Guangdong-Macao In-depth Cooperation Zone in Hengqin can refer foreign-, Hong Kong- and Macao-related IP cases to the WIPO Shanghai Service for mediation.
In June 2024, the WIPO Center signed a cooperation agreement with the Chongqing High People’s Court. The Chongqing High People’s Court, the Chongqing First Intermediate People’s Court, the Chongqing Liangjiang New Area People’s Court (the Chongqing Pilot Free Trade Zone People’s Court) and the Chongqing Yuzhong District People’s Court can refer foreign-related (including foreign-invested enterprises) IP cases to the WIPO Shanghai Service for mediation.
In December 2022, the WIPO Center signed a cooperation agreement with the Fujian High People’s Court. The Fujian High People’s Court, Fuzhou Intermediate People’s Court, Xiamen Intermediate People’s Court and Quanzhou Intermediate People’s Court can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In March 2023, the WIPO Center signed a cooperation agreement with the Hainan High People’s Court. The Hainan High People's Court, the Hainan Free Trade Port Intellectual Property Court, the Primary People’s Court of Danzhou City, the Primary People’s Court of Chengjiao District of Sanya City, the Primary People’s Court of Qionghai City and the Primary People’s Court of Qiongshan District of Haikou City can refer foreign-related IP cases to the WIPO Shanghai Service for mediation.
In December 2023, the WIPO Center signed a cooperation agreement with the Guangdong High People’s Court. The Guangdong High People's Court, Guangzhou Intellectual Property Court, Shenzhen Intermediate People’s Court, Zhuhai Intermediate People’s Court, Guangzhou Internet Court, the Primary People’s Court of Nansha District of Guangdong Free Trade Zone, the Primary People’s Court of Qianhai Cooperation Zone of Shenzhen City and the Primary People’s Court of Guangdong-Macao In-depth Cooperation Zone in Hengqin can refer foreign-, Hong Kong- and Macao-related IP cases to the WIPO Shanghai Service for mediation.
In June 2024, the WIPO Center signed a cooperation agreement with the Chongqing High People’s Court. The Chongqing High People’s Court, the Chongqing First Intermediate People’s Court, the Chongqing Liangjiang New Area People’s Court (the Chongqing Pilot Free Trade Zone People’s Court) and the Chongqing Yuzhong District People’s Court can refer foreign-related (including foreign-invested enterprises) IP cases to the WIPO Shanghai Service for mediation.
