Join Hands with a Magnificent Journey: European Union Intellectual Property Office Boards of Appeal and Shanghai Commercial Mediation Center Launched a New Mediation Mechanism for Intellectual Property Dispute Settlement

Xi Jinping, China’s president, once said that both China and Europe are taking the road that predecessors did not take and doing things that predecessors did not do. China and European Union should join hands with a magnificent journey to build a comprehensive strategic partnership with more world influence. The Shanghai Commercial Mediation Center (SCMC) and the Boards of Appeal of European Union Intellectual Property Office (BoA EUIPO) have launched new Co-Mediation Rules on Intellectual Property Disputes concerning trade mark and design owners in China and the EU, which will coming into force on July 1st, 2020. This marks a milestone for cross-border disputants in the field of intellectual property. 

The BoA EUIPO is an independent decision-making body within the EUIPO. It hears and adjudicates EU trade mark and design disputes involving parties from all over the world. .

The SCMC is the first neutral professional mediation organization in China. Since its establishment, the SCMC has been working hard to promote the mediation of disputes in the field of intellectual property. The SCMC has not only established a good cooperative relationship with international professional mediation organizations, but also successfully recommended eight Chinese mediators to the World Intellectual Property Organization (WIPO). Through deepening the cooperation with top peers all over the world, the SCMC has fully implemented the orientation of international development.

The BoA EUIPO and SCMC Co-Mediation Mechanism on Intellectual Property includes a series of supporting documents - the International Commercial Intellectual Property Co-Mediation Rules, the Co-Mediation Agreement, the Confidentiality Statement and the Statement of Co-Mediators. This mechanism provides a very efficient and convenient way to settle disputes between enterprises in Europe and China in the field of intellectual property. In consideration of different cultural backgrounds, the Co-Mediation Mechanism emphasizes the standardization, confidentiality and neutrality of mediation, and fully reflects the broader, deeper and higher level of cooperation in the field of intellectual property dispute settlement between EU-China-based parties. Therefore, this cooperation takes the level of dispute settlement mechanism in the field of intellectual property rights in China to a higher level.