China is elevating the status of mediation in settling intellectual property disputes.
On 28 Oct. 2021, China National Intellectual Property Administration and Ministry of Justice jointly published the Opinions on Strengthening Mediation of Intellectual Property Disputes (hereinafter “the Opinions”, 关于加强知识产权纠纷调解工作的意见).
The Opinions calls for the engagement of people’s mediation, administrative mediation, professional/industry mediation, and court-connected mediation in intellectual property disputes. That’s how ADR can play an enhanced role in intellectual property dispute resolution. For more information on the types of mediation in China, see our previous article Mediation in China: Past and Present.
The Opinions proposes that professionals with work experience and knowledge in patents, trademarks and copyrights, as well as experts, scholars and lawyers, be selected and employed as mediators.
Cover Photo by Joshua Fernandez on Unsplash
Contributors: CJO Staff Contributors Team