Qinghai Province has rolled out a comprehensive set of seven collaborative mechanisms for intellectual property dispute mediation, following recent consultations between the provincial IP administration and the Higher People's Court. These measures are designed to strengthen the existing model combining administrative mediation, judicial confirmation, and litigation-mediation coordination, with the goal of resolving disputes as early and as cost-effectively as possible while safeguarding the rights of intellectual property holders.
The first mechanism involves setting up an organizational coordination system. Dedicated personnel will be assigned to manage the interface between administrative and judicial mediation processes, address significant matters, and resolve complex issues that arise during dispute resolution.
Secondly, a litigation-mediation coordination mechanism will be refined. During administrative processing, parties will be actively guided to choose mediation as their preferred method for settling disputes. In cases where mediation fails, cases will be promptly transitioned to formal litigation procedures without unnecessary delay.
Third, a joint team-building mechanism for mediators will be established. This includes strengthening the professional mediator workforce through the creation of an expert database and a roster of specially invited mediators, all subject to unified management and dynamic adjustments. Targeted training programs will be conducted for mediators covering legal practice, mediation techniques, and judicial confirmation procedures.
Fourth, an online mediation and data-sharing mechanism will be implemented. By leveraging the court mediation platform, the entire process can be conducted digitally, including online applications, delegation, mediation sessions, judicial confirmation, and document delivery. Mediation data and typical case examples will be shared in accordance with legal requirements, enhancing information exchange and operational coordination while strictly protecting state secrets, commercial confidentiality, and personal privacy.
Fifth, a mechanism for judicial confirmation and enforcement effectiveness will be strengthened. The provincial IP administration will guide both parties to apply to the competent people's court for judicial confirmation of their mediation agreements, and courts will review and issue rulings in a timely manner. Once judicially confirmed, these agreements can be legally enforced through compulsory measures if necessary.
Sixth, a professional support and technical investigation mechanism will be introduced. The IP administration will coordinate technical investigators and industry expert resources to assist courts in determining technical facts and providing professional advisory support for intellectual property cases, while courts will offer their cooperation in facilitating mediation efforts.
Seventh, a mechanism for addressing disputes at their source and conducting joint awareness campaigns will be implemented. Both parties will work together to provide guidance on dispute prevention, deliver legal education sessions, and issue risk warnings to help business entities strengthen their intellectual property compliance management. Regular publication of typical mediation cases and participation in activities such as IP awareness weeks will help raise public consciousness about protecting intellectual property rights.
Looking ahead, the Qinghai Provincial Intellectual Property Administration will continue to reinforce the organizational infrastructure for dispute mediation, enhance mediator management and professional guidance, and promptly address emerging issues. These efforts aim to extend the diversified dispute resolution mechanisms to grassroots levels and ensure comprehensive coverage across key industries.