Law

Two departments jointly issue guidance to strengthen the arbitration of intellectual property disputes

2025-12-26   

In order to implement the decision and deployment of the CPC Central Committee and the State Council on strengthening intellectual property protection, strengthen the arbitration of intellectual property disputes, and give full play to the important role of arbitration in the whole chain of intellectual property protection, recently, the Ministry of Justice and the China National Intellectual Property Administration jointly issued the Guiding Opinions on Strengthening the Arbitration of Intellectual Property Disputes (hereinafter referred to as the Guiding Opinions). The Guiding Opinions clearly support qualified arbitration institutions to establish internal departments such as intellectual property arbitration courts (centers), set up a roster of intellectual property arbitrators, concentrate service resources, and provide professional arbitration services. Select 20 arbitration institutions nationwide, strengthen the capacity building of intellectual property arbitration services, and establish a recommended list of national intellectual property arbitration institutions. Support arbitration institutions to select qualified professionals from trademark and patent examiners, pre examiners, intellectual property lawyers, patent agents, engineering and technical personnel, and intellectual property teaching and research personnel as arbitrators. The Guiding Opinions point out that arbitration institutions should establish specialized rules for intellectual property arbitration based on the characteristics and reality of intellectual property disputes. Promote the establishment of a cooperation mechanism between the national intellectual property protection center and the rapid rights protection center and the arbitration institution to provide consultation, case filing assistance, pre court mediation and other support for intellectual property arbitration. At the same time, the Guiding Opinions propose to broaden the scope of intellectual property arbitration and explore the introduction of arbitration as a dispute resolution mechanism in disputes such as patent open licensing and standard essential patent licensing fees. By combining the National Intellectual Property Promotion Week, Constitution Promotion Week, Civil Code Promotion Month, etc., we aim to increase awareness of intellectual property arbitration. In terms of promoting the construction of foreign-related intellectual property arbitration, the Guiding Opinions clearly support international exchanges and cooperation in intellectual property arbitration, improve the docking mechanism between arbitration institutions and overseas intellectual property dispute response guidance centers, and further play the role of the Shanghai center Center for Arbitration and Mediation of the World Intellectual Property Organization. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:guangming daily

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