Internet IPR cases can be mediated by society

2009/11/06

Beijing Municipal Higher People's Court told the reporter on November 4 that Beijing Municipal Higher People's Court officially signed an agreement with Internet Society of China and entrusted the Mediation Center of the Society to mediate cases involving Internet disputes received by Beijing courts.
In recent years, among the IPR-related cases received by Beijing Municipal Higher People's Court, cases involving Internet were increasing, especially cases involving Internet copyrights. According to the statistics, the proportion of Internet copyright cases to the copyright cases of trial of first instance was less than 6% in 2005 and 2006, however, in 2007 the rate rose to 21% or so and since the year 2008, the proportion climbed up to 40% or so.
Based on the agreement between Beijing Municipal Higher People's Court and Internet Society of China, If the two parties in the IPR cases are Internet entities or one party was Internet entity and the disputes involved Internet copyright, trademark proprietary, unfair competition and technology contracts, such cases can be mediated by the Mediation Center; if both of the parties are not Internet entities, the cases can also be mediated if the two parties agree; after receiving cases, Beijing courts can entrust mediation organs to mediate the disputes if the two parties agree; the parties concerned can also submit mediation application to Internet Society of China by themselves or through the courts; the Mediation Center of Internet Society of China can also actively put forward to mediate the disputes if the two parties agree. The mediation will be finished within 15 days. If the mediation is achieved, the parties concerned can submit declaration to the court to drop the charges or ask the courts for civil mediation agreement after signing settlement agreement.
                                                                                                Source: IPR in China