Recently, the agreement on administrative mediation of intellectual property disputes, which was presided over by Shanghai Intellectual Property Bureau, was confirmed by the Shanghai Intellectual Property Court. This is the first case of administrative mediation of intellectual property disputes confirmed by the judicial in China after the promulgation of the state's opinions on strengthening the protection of intellectual property rights.

A home company in Xinjiang found that several products promised to sell by a furniture company in Shanghai were suspected of infringing the patent right of design, so it submitted an administrative ruling to Shanghai Intellectual Property Office for handling the request. After accepting the series of cases, Shanghai Intellectual Property Office formed a panel for trial. Under the supervision of the administrative organ, the parties reached a package mediation agreement on the five design patent infringement disputes involved and signed the administrative mediation agreement on patent infringement disputes. The parties applied to the Shanghai Intellectual Property Court for judicial confirmation on the agreement. The Shanghai Intellectual Property Court immediately filed a case, strictly reviewed the application materials submitted by the parties and the form and content of mediation agreement, and speeded up the process of case trial. On the day after the examination, a civil ruling was issued. The ruling confirms that the mediation agreement reached by both parties is effective, and it also states that the parties shall consciously perform their obligations in accordance with the agreement. If one party refuses to perform or fails to perform all of them, the other party may apply to the people's court for compulsory enforcement.

The case is a practical measure to implement the national opinions on strengthening the protection of intellectual property and the implementation plan of strengthening intellectual property protection of Shanghai Municipality on establishing and perfecting the judicial confirmation mechanism of intellectual property dispute mediation agreement, and also the memorandum of the people's court and intellectual property Bureau of the Yangtze River Delta on promoting the protection of the integrated science and technology innovation intellectual property rights in the Yangtze River Delta 》The important content of. After the agreement of administrative mediation of intellectual property rights is confirmed by the court according to law, it can obtain the formal certainty and enforcement power in the sense of judgment, and open up a new way to solve intellectual property disputes. According to the requirements of the implementation plan on strengthening the protection of intellectual property rights of Shanghai, Shanghai Intellectual Property Bureau and Shanghai Intellectual Property Court actively implement the spirit of the state's opinions on strengthening the protection of intellectual property rights, promote the establishment of a linkage mechanism between administrative mediation and judicial confirmation, and complete the solutions to multiple disputes over intellectual property disputes, and establish a framework for the construction of intellectual property protection work The Bureau has a positive meaning. (Shanghai)