New Mechanism to Resolve IP Disputes Between China, EU Comes Into Effect
Zhang Yushuo
DATE:  Jul 02 2020
/ SOURCE:  Yicai

(Yicai Global) July 2 -- A new co-mediation system to settle disputes between Chinese and European Union companies regarding intellectual property matters came into effect yesterday.

Centering on trademarks and design, the new rules were thrashed out by the Shanghai Commercial Mediation Center, the country’s first neutral international commercial mediation organization, and the Boards of Appeal of the European Union Intellectual Property Office.

This mechanism provides a very efficient and convenient way to settle disputes between enterprises in Europe and China in the field of IP, said Théophile Margellos, president of the EUIPO BoA. He expressed hope that this co-operation could lead to further alternative means for the resolution of disputes between China and Europe.

This co-mediation mechanism can promote the internationalization of China’s dispute resolution system, said Peter Corne, a senior mediator in the SCMC and partner at US law firm Dorsey & Whitney.

Though often criticized by others, Corne said he sees a lot of positives in China’s IP protection system. It is much more professional than before and the enforcement mechanisms have improved. This cooperation is also progress, he added.

The co-mediation practice involves one mediator from the SCMC and one from the EUIPO BoA, with a deep understanding of the culture, laws and business practices of both sides. It includes a series of supporting documents, such as the International Commercial Intellectual Property Co-Mediation Rules, the Co-Mediation Agreement, the Confidentiality Statement and the Statement of Co-Mediators.

Founded in 2011, SCMC is comprised of a group of experienced bilingual experts, scholars, lawyers and retired judges who serve as mediators to settle commercial disputes in areas such as IP rights, finance, investment, technology transfer and trade.

As of the end of last year, the center had handled 1,314 cases, involving nearly CNY24.8 billion (USD3.5 billion), over half of which were successfully resolved. It has provided mediation services to over 10 Chinese courts.

The EUIPO BoA is an independent decision-making body within the EUIPO. It resolves EU trademark and design disputes from all over the world.

Editor: Kim Taylor

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Keywords:   mediation,intellectual property,SCMC,EUIPO,BoA