Shanghai sets global IP mediation benchmark

english.shanghai.gov.cn

A trademark dispute between a US theorist and a Swedish consulting firm was settled at the Pudong New Area People's Court of Shanghai, where professional mediation protected both parties' market interests and fostered future collaboration and trust.

Protecting intellectual property is fundamental to fostering innovation. A notable case in Shanghai's development as an international sci-tech innovation center recently earned high praise from Daren Tang, director-general of the World Intellectual Property Organization (WIPO), for its successful mediation results.

Shanghai courts have developed improved approaches for resolving foreign-related IP disputes, demonstrating to global innovators that IP can be protected effectively through professional and efficient dispute resolution, leading to mutually beneficial outcomes.

The Pudong Court emphasized a three-pronged approach — philosophy, ecosystem, and capacity — by assigning complex cross-border cases to the WIPO Arbitration and Mediation Shanghai Service which was opened in October 2019 with approval from the Ministry of Justice.

The Shanghai service has developed innovative solutions like joint trademark ownership, helping maintain business relationships and confidentiality and effectively address IP disputes.

Pudong Court has refined related rules and provided litigation fee reductions to encourage enterprises' use of professional mediation provided by the Shanghai service.

To enhance its capabilities, the court trains judges specialized in both domestic and international IP law. Three judges of it joined the national pool of foreign-related IP experts, and the IP tribunal recently received the China Copyright Gold Award.

By the end of November this year, Shanghai courts had entrusted the Shanghai service with mediation of 121 foreign-related IP cases involving parties from 16 countries.

WIPO acknowledged these practices, and officials state that the collaboration demonstrates mutual protection and transparency.

 

Source: Shanghai Intellectual Property Administration