The Memo of Establishing Internet IP Disputes Mediation Mechanism Signed
2011-04-20 10:25
In the afternoon of April 18, 2011, the Supreme People’s Court Intellectual Property (IP) Adjudication Division and Internet Society of China (ISC) jointly signed the Memo of Establishing Internet Intellectual Property Disputes Mediation Mechanism (hereafter referred to as the “Mediation Mechanism Memo”). Madam HU Qiheng, the President of ISC and Mr. XI Xiaoming, the Vice President of the Supreme People’s Court attended the signing ceremony and gave keynote speech.
Mr. XI Xiaoming appreciated the achievements of the Supreme People’s Court in copyright trails in the past decade. As the number of Internet copyright cases surged, the Supreme People’s Court constantly improved the judicial system and issued a series of civil and criminal judicial interpretation in time, so as to standardize and promote Internet information legal system and provide well-defined basis for the judicial protection of Internet intellectual property.
Mr. XI Xiaoming pointed out that it is of substantial significance to mediate the disputes in a more convenient, economical and efficient way by accelerating the construction and improvement of diversified dispute mediation mechanism, so as to promote social stability and harmony. Based on the Mediation Mechanism Memo, ISC could better mediate Internet IP disputes, promote the collaboration between lawsuit and industry mediation, provide more mediation channels and drive social and economic development.
Also, he expected that the parties concerned should constantly improve organizational and procedural system based on the framework agreement. Then, ISC may help to drive lawsuit mediation to be more institutionalized, procedural and effectively ensure the smooth of lawsuit and mediation channel. Furthermore, by expanding cooperation areas, integrating resources and promoting mutual complementarities of advantaged, ISC plays its special role in disputes mediation and Internet technology advice provider, and then gradually form an open and diversified mediation system.
Madam HU Qiheng pointed out that ISC will positively respond to the public concerned issues on Internet development, actively try best to ease the contradictions in Internet industry and carry on Internet IP disputes mediation services. Besides, ISC will be conducive to improving Internet IP disputes mediation system and promoting Internet IP protection by offering professional advisory opinions and supporting judge expertise training if necessary. The Mediation Mechanism Memo will act as a long-term operational platform for the Supreme People’s Court and ISC to conduct Internet IP protection.
According to the Memo, when the on-trial Internet copyright cases involved in technical issues and need technical advisory, the local People’s Court could entrust ISC to recommend technique experts; if one or both of the concerned parties is Internet company, the People’s Court may entrust ISC Mediation Center to mediate the IP cases with their consent, such as cases involving in Internet copyright, trade mark, illicit competition and technology contract etc. Furthermore, the Supreme People’s Court Intellectual Property Adjudication Division and ISC should strengthen information exchange and conduct collaboration in Internet science and technology, professional legal knowledge training, as well as research and discussion.
The Mediation Mechanism Memo marks the innovation and development of non-lawsuit disputes mediation and is a major initiative in promoting social contradiction resolution, social management innovation and just and incorruption law enforcement in IP trail field. Also, the Memo will propel Internet IP disputes mediation mechanism to be more convenient, flexible and efficient, and provide powerful judicial guarantee for Internet prosperity and development.
At the meeting, Mr. GAO Lulin, the Vice President of ISC and Director of ISC Mediation Center, introduced the achievements and development project of the Mediation Center since its establishment three years ago. Mr. ZHANG Xuesong, the Deputy Director of Beijing Supreme People’s Court IP Adjudication Division delivered a speech on “Exploration and Practice in Internet IP Disputes Mediation”. Also, the relevant Internet companies and representatives of right holders participated in the conference and gave their statement.
Mr. XI Xiaoming appreciated the achievements of the Supreme People’s Court in copyright trails in the past decade. As the number of Internet copyright cases surged, the Supreme People’s Court constantly improved the judicial system and issued a series of civil and criminal judicial interpretation in time, so as to standardize and promote Internet information legal system and provide well-defined basis for the judicial protection of Internet intellectual property.
Mr. XI Xiaoming pointed out that it is of substantial significance to mediate the disputes in a more convenient, economical and efficient way by accelerating the construction and improvement of diversified dispute mediation mechanism, so as to promote social stability and harmony. Based on the Mediation Mechanism Memo, ISC could better mediate Internet IP disputes, promote the collaboration between lawsuit and industry mediation, provide more mediation channels and drive social and economic development.
Also, he expected that the parties concerned should constantly improve organizational and procedural system based on the framework agreement. Then, ISC may help to drive lawsuit mediation to be more institutionalized, procedural and effectively ensure the smooth of lawsuit and mediation channel. Furthermore, by expanding cooperation areas, integrating resources and promoting mutual complementarities of advantaged, ISC plays its special role in disputes mediation and Internet technology advice provider, and then gradually form an open and diversified mediation system.
Madam HU Qiheng pointed out that ISC will positively respond to the public concerned issues on Internet development, actively try best to ease the contradictions in Internet industry and carry on Internet IP disputes mediation services. Besides, ISC will be conducive to improving Internet IP disputes mediation system and promoting Internet IP protection by offering professional advisory opinions and supporting judge expertise training if necessary. The Mediation Mechanism Memo will act as a long-term operational platform for the Supreme People’s Court and ISC to conduct Internet IP protection.
According to the Memo, when the on-trial Internet copyright cases involved in technical issues and need technical advisory, the local People’s Court could entrust ISC to recommend technique experts; if one or both of the concerned parties is Internet company, the People’s Court may entrust ISC Mediation Center to mediate the IP cases with their consent, such as cases involving in Internet copyright, trade mark, illicit competition and technology contract etc. Furthermore, the Supreme People’s Court Intellectual Property Adjudication Division and ISC should strengthen information exchange and conduct collaboration in Internet science and technology, professional legal knowledge training, as well as research and discussion.
The Mediation Mechanism Memo marks the innovation and development of non-lawsuit disputes mediation and is a major initiative in promoting social contradiction resolution, social management innovation and just and incorruption law enforcement in IP trail field. Also, the Memo will propel Internet IP disputes mediation mechanism to be more convenient, flexible and efficient, and provide powerful judicial guarantee for Internet prosperity and development.
At the meeting, Mr. GAO Lulin, the Vice President of ISC and Director of ISC Mediation Center, introduced the achievements and development project of the Mediation Center since its establishment three years ago. Mr. ZHANG Xuesong, the Deputy Director of Beijing Supreme People’s Court IP Adjudication Division delivered a speech on “Exploration and Practice in Internet IP Disputes Mediation”. Also, the relevant Internet companies and representatives of right holders participated in the conference and gave their statement.
