China releases first mediation rules for international IP disputes



The Mediation Center of the China Council for the Promotion of International Trade (CCPIT) on October 29 released 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 《中国国际贸易促进委员会/中国国际商会调解中心知识产权争议调解规则》", which is in effect on November 1. This is China’s first set of rules formulated for the resolution of IP disputes arising from the business between Chinese companies and international companies.
The rules’ highlights are fourfold:
First, the rules are in line with the international primary principles of mediation such as party autonomy, information confidentiality, convenience, friendly processes, economy and efficiency, and pursuit of common interests, etc. With the interests of the parties prioritized, the rules are set to achieve a balance between the respect for party autonomy and the provision of standard and fair mediation procedures.
Second, technical investigations are included in mediation processes. Experts and/or institutions are to be hired to provide technical consultation for technology-centered cases. Based on this, the quality services of authentication, auditing, evaluation, and testing will ensure the fairness of the mediation outcomes.
Third, multilateral or bilateral mediation mechanisms have been established with the cooperation between the CCPIT and 21 international mediation organizations.
Fourth, conduits between the use of various types of dispute resolution are formed under the rules. Mediation, arbitration, and litigation are made optional to parties to protect their rights.