Intellectual property bureaus and judicial departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Provincial Intellectual Property Service Promotion Center, Guangdong Provincial Intellectual Property Protection Center, Fujian Provincial Intellectual Property Development and Protection Center:
In order to thoroughly implement the decision-making deployment of the Party Central Committee and the State Council on strengthening intellectual property protection, implement the "Outline for Building a Powerful Intellectual Property Country (2021-2035)" and "Opinions on Strengthening Intellectual Property Protection", and strengthen the construction of the intellectual property protection system, combined with the " According to the Regulations on Optimizing the Business Environment, the State Intellectual Property Office and the Ministry of Justice formulated the "Opinions on Strengthening the Mediation of Intellectual Property Disputes", which are hereby issued. Please earnestly implement it in light of the actual situation, and promptly report the implementation situation and difficulties encountered in the work to the Intellectual Property Protection Department of the State Intellectual Property Office and the People's Participation and Promotion of the Rule of Law Bureau of the Ministry of Justice.
Notice hereby.
State Intellectual Property Office Ministry of Justice
October 22, 2021
Opinions on Strengthening the Mediation of Intellectual Property Disputes
In order to thoroughly implement the decision-making and deployment of the Party Central Committee and the State Council on comprehensively strengthening the protection of intellectual property rights, improve the diversified settlement mechanism of intellectual property disputes, give full play to the important role of mediation in resolving conflicts and disputes in the field of intellectual property rights, optimize the business environment, and stimulate innovation in the whole society To promote the construction of a new development pattern, the following opinions are put forward on strengthening the mediation of intellectual property disputes.
1. General requirements
(1) Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping Thought on the Rule of Law, fully implement the spirit of the 19th National Congress of the Party and the Second, Third, Fourth, and Fifth Plenary Sessions of the Nineteenth Central Committee, and implement the Party Central Committee and the State Council Regarding the decision-making and deployment of strengthening intellectual property protection, coordinate and promote the mediation of intellectual property disputes, strengthen the organization and team building, establish and improve the organic connection, coordination and linkage, efficient and convenient intellectual property dispute mediation working mechanism, and resolve intellectual property disputes in a timely and effective manner in accordance with the law , Actively build a work pattern for the protection of intellectual property rights.
(2) Basic principles. Adhere to coordination and linkage, social co-governance. Promote the formation of an intellectual property dispute mediation work pattern that is led by the party committee, led by the government, coordinated and guided by the intellectual property management department and the judicial administrative agency, and widely participated by all social forces.
Adhere to voluntary equality, convenience and benefit to the people. Fully respect the wishes of the parties, comprehensively use laws, regulations, policies, and public order and good customs to conduct mediation, and effectively protect the legitimate rights and interests of the parties.
Adhere to professional characteristics, pioneering and innovative. Grasp the characteristics of intellectual property disputes, follow the law of mediation work, strengthen the construction of mediation organizations and teams, innovate systems, mechanisms, methods and methods, and continuously improve the quality and efficiency of mediation work for intellectual property disputes.
(3) Main objectives. By 2025, the mediation of intellectual property disputes will basically cover key areas and industries where intellectual property disputes are prone to occur frequently, establish a well-organized, well-established, standardized and efficient intellectual property dispute mediation work system, and form people's mediation, administrative mediation, and industry-based mediation. Professional mediation and judicial mediation have complementary advantages, organic connection, coordination and linkage in the large mediation work pattern, and the fundamental role of mediation in the diversified resolution of intellectual property disputes has fully emerged, and its influence and credibility have been further enhanced.
2. Coordinate and promote the mediation of intellectual property disputes
(4) Promote the people's mediation of intellectual property disputes. According to the needs of resolving intellectual property disputes, promote the construction of people's mediation organizations for intellectual property disputes according to local conditions. For areas and industries where intellectual property disputes frequently occur, where it is really necessary to establish units, and the establishment of units has the ability to guarantee, the intellectual property management departments and judicial administrative agencies should strengthen coordination and cooperation, and actively promote the establishment of people's mediation organizations for intellectual property disputes. Those that do not meet the conditions for establishment can be incorporated into the scope of work of existing people's mediation committees. The establishment of a people's mediation organization for intellectual property disputes requires relevant social groups or other organizations to submit an application. If it meets the requirements of laws and regulations, the judicial administrative agency must promptly include it in the roster of people's mediation organizations and people's mediators within its jurisdiction, and effectively strengthen work guidance.
(5) Strengthen the administrative mediation of intellectual property disputes. Intellectual property management departments should actively perform administrative mediation functions, and carry out administrative mediation in strict accordance with laws and regulations in accordance with the "Guidelines for Administrative Mediation and Handling of Patent Disputes" and other regulations. In areas where the task of administrative mediation of intellectual property disputes is relatively heavy, administrative mediation committees may be established as needed, and administrative mediation rooms, reception rooms, etc. may be set up. The establishment of administrative mediation organizations for intellectual property disputes in various regions and the implementation of administrative mediation work shall be regularly reported to judicial administrative organs.
(6) Expand industrial and professional mediation of intellectual property disputes. Give full play to the role of various intellectual property professional institutions, actively innovate the organizational form and working mode of intellectual property dispute mediation, and promote the in-depth development of intellectual property dispute mediation work. According to the needs of the parties, in accordance with the market-oriented approach, explore the commercial mediation of intellectual property disputes. Give full play to the superior role of lawyers in preventing and resolving conflicts and disputes, promote the establishment of lawyer mediation studios, provide parties with intellectual property dispute mediation services and charge appropriate fees.
(7) Strengthen the mediation of intellectual property disputes in key regions and fields. Persist in starting from reality and being demand-oriented, and vigorously promote the extension of intellectual property dispute mediation to key areas such as industrial parks, development zones, free trade zones, and industrial clusters. Support e-commerce platforms to optimize online consultation, acceptance, mediation and other systems, and resolve conflicts and disputes online. Expand the mediation of intellectual property disputes at exhibitions, guide relevant mediation organizations to enter the exhibition, and establish rapid mediation channels for intellectual property disputes at exhibitions. Strengthen the mediation of intellectual property disputes in professional markets, and guide the parties to resolve disputes through mediation.
(8) Strengthen the team building of intellectual property dispute mediators. Make full use of social resources, pay attention to the selection of professionals with working experience and knowledge background in patents, trademarks, copyrights, etc., as well as experts, scholars, lawyers, etc. . Strengthen the construction of a team of full-time mediators for intellectual property disputes, and explore the establishment of a system for mediators of intellectual property disputes to hold certificates and grades. Intellectual property management departments and judicial administrative agencies should incorporate intellectual property dispute mediation into their business training plans, and adopt various methods such as centralized teaching, experience exchange, on-site observation, court hearing, and case evaluation to effectively improve the legal literacy, policy level, and professionalism of mediators. Expertise and mediation skills.
(9) Establish and improve the mediation system for intellectual property disputes. Intellectual property dispute mediation organizations should establish and improve work systems such as dispute investigation, acceptance, mediation, performance, return visits, analysis and judgment, centralized discussion of major, difficult and complex conflicts and disputes, expert consultation, and situation reports, and establish and improve job responsibilities, learning, regular meetings, training, Management systems such as evaluation, rewards and punishments, standardize the management of statistical reports, files and documents, and regularly submit mediation work and typical cases to intellectual property management departments and judicial administrative organs. Intellectual property management departments and judicial administrative agencies should regularly publish typical cases of mediation of intellectual property disputes, guide the mediation work through typical cases, and improve the quality of mediation work.
(10) Establish and improve the linkage mechanism for the mediation of intellectual property disputes. Adopt methods such as joint mediation, assisted mediation, entrusted transfer of mediation, etc., to establish a joint working mechanism for people's mediation, administrative mediation, industry-based professional mediation, and judicial mediation in intellectual property disputes. Strengthen the connection and linkage between intellectual property dispute mediation organizations and administrative law enforcement departments, judicial organs, arbitration institutions, etc., and establish and improve working mechanisms such as docking intellectual property dispute complaints with mediation, litigation and mediation, and arbitration and mediation. Explore the establishment of a "one-stop" mediation platform for intellectual property disputes in intellectual property protection centers, rapid rights protection centers, and rights protection assistance centers, and guide mediation organizations, remote judicial confirmation rooms, intellectual property arbitration courts (centers), notarized intellectual property service centers, etc. All kinds of resources are settled in the mediation platform to provide parties with protection channels such as judicial confirmation, arbitration, and notarization. Strengthen the docking of the "one-stop" mediation platform for intellectual property disputes with local comprehensive non-litigation dispute resolution centers, mediation centers and other platforms, and coordinate and resolve major, difficult and complex intellectual property disputes in a timely manner.
3. Strengthen the organization and leadership of intellectual property dispute mediation
(11) Strengthen organization and coordination. Intellectual property management departments and judicial administrative agencies should include the mediation of intellectual property disputes on their agenda, strengthen information communication, coordination and cooperation, and timely study and solve difficulties and problems encountered in the work. It is necessary to actively explore and innovate, sum up and refine experience and practices in a timely manner, create and cultivate outstanding models, and promote the standardization and standardization of intellectual property dispute mediation. It is necessary to actively coordinate with relevant departments, strive to incorporate the mediation of intellectual property disputes into relevant assessment indicators, and promote the implementation of various tasks through joint supervision and inspection.
(12) Strengthen job security. Intellectual property management departments and judicial administrative agencies should actively strive for the attention and support of party committees, governments and financial departments, include the funds related to the mediation of intellectual property disputes into the financial budget for overall consideration, and promote the inclusion of mediation of intellectual property disputes into the guiding catalog of government procurement services, Increase government procurement of services. The establishment unit of an intellectual property dispute mediation organization shall provide the venue, office conditions and necessary working funds for the intellectual property dispute mediation organization. Encourage all sectors of society to provide support and assistance to the mediation of intellectual property disputes through social donations, public welfare sponsorships, voluntary participation, etc.
(13) Strengthen publicity and guidance. It is necessary to make full use of traditional media and new media such as the Internet, WeChat, and Weibo to vigorously publicize the advantages, characteristics, experience and effectiveness of intellectual property dispute mediation, advanced models and excellent cases that have emerged in the publicity work, and continuously improve the public awareness of intellectual property dispute mediation. Satisfaction and social influence, guide more parties to resolve intellectual property disputes through mediation, and protect their legitimate rights and interests. Intellectual property management departments and judicial administrative organs should include outstanding intellectual property dispute mediation organizations and mediators into the scope of commendation and rewards of their own systems and departments, so as to create a good atmosphere for the development of intellectual property dispute mediation work.