China Issues First Mediation Rules for Foreign-Related IP Disputes
The China Council for the Promotion of International Trade (CCPIT) has recently issued the Mediation Rules for Intellectual Property Disputes of the Mediation Center of the China Council for the Promotion of International Trade/China Chamber of International Commerce, which are China's first commercial mediation rules formulated specifically for the resolution of foreign-related intellectual property disputes.
The mediation rules, coming into effect on 1 November 2021, comprise five chapters on general rules; mediation procedures; link-up of mediation and other procedures; participants of mediation; and supplementary provisions respectively, providing details about acceptance of cases, mediation application, selection and designation of mediators, and mediation fees, among others.
The mediation rules embody such principles as party autonomy and confidentiality of information, and enhance the enforceability of the mediated settlement agreements by linking mediation with litigation and arbitration. It is also stipulated therein that experts or institutes of special fields may be engaged where necessary to provide technical support in the form of authentication, testing and consulting etc., and that mediation can be conducted in collaboration with international mediation organisations, taking advantage of CCPIT's established multilateral or bilateral mediation mechanisms with twenty-plus foreign counterparts.
