CNIPA Unveils Measures for Mediation of Disputes Arising from Implementation of Patent Open Licensing
On July 18, the China National Intellectual Property Administration (CNIPA) formulated and released the Measures for Mediation of Disputes Arising from Implementation of Patent Open Licensing (for Trial Implementation) (the "Measures"), effective from the date of release.
The Measures, consisting of 30 articles in five chapters, clarify matters related to the mediation of disputes arising from implementation of patent open licensing, including case acceptance, case mediation, and case closure. Specifically, in terms of case acceptance, the Measures delineate the criteria for accepting applications for mediation of disputes arising from implementation of patent open licensing, the documents and materials that parties should submit, the conditions for making acceptance decisions, circumstances for non-acceptance, and registration of acceptance. Regarding case mediation, the Measures specify the mediator appointment procedures, the number of mediators, grounds for mediator recusal, conduct standards for mediators during the mediation process, the rights and obligations of the parties, penalties for the parties' misconduct, steps and timelines for conducting mediation, circumstances triggering suspension, and conditions for resumption after suspension.
(Source: China National Intellectual Property Administration)