Showing the Charm of Chinese Commercial Mediation on the International Stage

On May 28(Alicante time), the Shanghai Commercial Mediation  Center (hereinafter referred to as the SCMC) and the Appeals Committee of the European Intellectual Property Office (hereinafter referred to as the “Appeals Committee”) successfully held a joint intellectual property mock mediation court in Alicante, Spain.

      Chairman Théophile Margellos of the Appeal Committee

      welcomes members of mock mediation court

This is the first time that China’s professional mediation organization and the Appeal Committee have cooperated in the area of mediation. This two organizations aimed to deepen their cooperation through such joint mediation court, strengthen their cooperation in the settlement of intellectual property disputes, and actively accumulate experience for the settlement of transnational intellectual property disputes and the construction of an international joint mediation mechanism, so as to serve the growing demand for dispute resolution of multinational enterprises (especially Chinese multinational enterprises).

Mock mediation court video live recording

Leaders of SCMC and Appeal Committee

are auditing mock mediation court

In October 2018, the Appeal Committee visited SCMC and put forward the idea of jointly organizing a mock mediation court and hoped to recommend this model to the European Intellectual Property Protection Organization by playing videos. In order to meet the requirements of the truest mediation and highest standards, both organizations have made a lot of preliminary preparations, including case selection, restriction of confidential information, application of rules, and selection of mediators, etc.

The case of this mock mediation court comes from a real case of the EUIPO. The different understanding of trademark protection caused by the different cultural backgrounds of both parties makes mediation quite difficult. SCMC selected mediator Hu zhenyuan to act as mediators in this case with Sophia Bonne, mediator of the Appeal Committee. Peter Corne and Li weifan, SCMCs listed mediators, attended as Chinese parties and lawyers of this case.

The two parties finally shook hands, becoming reconciled

After the end of the mock mediation session, Chairman Théophile Margellos of the Appeal Committee and Director of SCMC Mrs. Zhang Wei expressed their high recognition and praise to all participants in the mock mediation session. Mr. Margellos believed that this joint mock mediation session had fully demonstrated the mediation ability and style of mediators of both parties, especially the SCMC mediator, after a full day of fierce tense confrontation and friendly negotiations. Indeed, it has a very good demonstration significance. Mr. Margellos said the Appeal Committee will make the video of this mock mediation court as a learning video and play it to all intellectual property institutions in Europe as soon as possible. Other senior executives of the Appeal Committee who attended the court also gave high praise. Mrs. Zhang Wei thanked the Appeal Committee for organizing this mock mediation  court. As a very meaningful attempt and exploration, it will lay a solid foundation for further cooperation between the two sides. SCMC will continue to promote the international cooperation of mediation mechanisms between China and Europe so that market entities in China and Europe can enjoy commercial mediation service, the efficient and convenient method of dispute resolution.

Leaders of SCMC and Appeal Committee

take photos with all members of mock mediation court