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The intellectual property office and the Supreme Court promote the establishment of online litigation mediation docking mechanism to promote the diversified solution of intellectual property disputes

2021-01-07

On december29,2020, the office of the State Intellectual Property Office and the general office of the Supreme People's court jointly issued the notice on establishing online litigation and mediation docking mechanism for intellectual property disputes (hereinafter referred to as the notice). The notice is to implement the opinions on improving the mechanism of multiple resolution of contradictions and disputes by the general office of the State Council of the general office of the CPC Central Committee and the general office of the CPC Central Committee The opinions of the general office of the State Council on strengthening the protection of intellectual property rights are one of the important speeches to implement general secretary Xi Jinping's twenty-fifth collective learning in the Central Political Bureau, as well as one of the specific measures taken by the CPC Central Committee and the State Council on strengthening the decision-making and deployment of intellectual property rights protection, and also an important content of establishing and improving the multi-resolution mechanism of intellectual property disputes.


The issuance of the notice will give full play to the important role of mediation in resolving conflicts and disputes in the field of intellectual property, give full play to the guiding and coordinating role of intellectual property management departments at all levels in solving intellectual property disputes, and the role of the people's court in guiding, promoting and guaranteeing the reform of diversified dispute resolution mechanism, and establishing an intellectual property with organic connection, coordination and linkage and high efficiency and convenience The working mechanism of online litigation and mediation of power disputes.


The notice clearly establishes the online litigation and mediation docking mechanism of "general to general". The State Intellectual Property Office and the Supreme People's court coordinate and promote the construction of online litigation and mediation docking mechanism. The State Intellectual Property Administration shall guide the intellectual property administration departments at all levels to establish coordination mechanisms with the people's courts at the corresponding level, guide the national intellectual property dispute mediation organization and mediators to enter the mediation platform of the people's court, and carry out the whole process online mediation, online application for judicial confirmation or mediation letter and other litigation mediation docking.


The notice requires the intellectual property management departments at all levels to be responsible for the joint work of litigation mediation with the people's courts at the corresponding level. Guide the intellectual property protection center, quick maintenance center, and rights protection assistance center to establish a mediation organization and mediator roster management system, guide mediation organizations and mediators to enter the online mediation platform of the people's court, and organize mediation organizations and mediators to carry out online mediation work. The notice clearly defines the collection and management of mediation organization and mediator information, confirmation of invited mediation organizations and mediators, online litigation and mediation docking business process, strengthening online audio-video mediation and strengthening the information construction of mediation work.


Next, the State Intellectual Property Office will work with the Supreme People's court to continue to promote the docking of intellectual property disputes and litigation, and actively improve the work pattern of intellectual property protection.


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