1. Case Summary
Markor International Household Products Co., Ltd. found that a number of products promised to be sold by a company in Shanghai were suspected of infringing multiple design patents owned by it, and filed a request for administrative ruling on patent infringement disputes with Shanghai Intellectual Property Office on May 25th, 2020. On June 1st, the Shanghai Intellectual Property Office accepted the series of cases and presided over a mediation according to the mediation willingness of both parties. On September 29th, the parties signed the agreement of administrative mediation for patent infringement disputes.
On October 20th, the parties applied to the Shanghai Intellectual Property Court for judicial confirmation of the mediation agreement. The Shanghai Intellectual Property Court reviewed the application materials, the form and contents of the mediation agreement, and issued a civil ruling on the same day. The ruling confirmed that the mediation agreement of the two parties is valid, and if one party refuses to comply with the agreement or fails to comply with the agreement in full, the other party may directly apply to the court for compulsory execution.
2. Guidance of the Case
Administrative mediation refers to the activities that under the auspices of the administrative organs, on the basis of the willingness of both parties, and on the basis of laws, regulations and policies, through exhortation and persuasion of both parties in dispute, urge the parties to make concessions and understanding of each other, to negotiate on the basis of equality, and to reach an agreement to resolve the disputed issues. The primary principle of mediation is the autonomy of the parties, and the agreement reached through mediation has the nature of a civil contract, legally binding on both parties, but does not have mandatory effect.
Judicial confirmation is a special procedure stipulated in the Civil Procedure Law. It is a non-litigation procedure in which the court examines the agreement reached through mediation outside the litigation procedure on request of both parties and gives it the enforcement power. Judicial confirmation is a first-instance final review, which is generally completed within thirty days from the date of filing.
Administrative organs are more professional within their responsibility scope and can play a key role in resolving disputes in various professional fields. Resolving disputes through administrative procedures is highly efficient, convenient and low-cost. The link-up between administrative mediation and judicial confirmation not only gives full play to the advantages of administrative procedures, but also saves judicial resources and improves judicial efficiency. Moreover, since the parties voluntarily reach a mediation agreement and jointly apply to the court for confirmation, the chance of fulfillment is greater and the rate of reversal is lower, which can improve the quality and efficiency of dispute resolution and ease the pressure of case execution.
Source:https://www.cnipa.gov.cn/art/2022/7/4/art_66_176359.html