2012年中国法院知识产权司法保护状况(英文)(7)
The courts in Tibet, and Hebei, Henan, Jiangsu, Jiangxi, Sichuan, Guangdong and Hainan provinces also prioritised the development and improvement of a multifarious dispute resolution mechanism, and in the creation and positive development of a “three-in-one” mediation structure that integrates judicial mediation, people’s mediation and administrative mediation.
Second, formulate more innovative mediation methods. To benefit from the professional expertise of industry associations and technical experts, the courts have explored a multi-prong mediation strategy, comprising “mediation by invitation”, “industry mediation” and “expert mediation”. The Beijing courts have established a dispute resolution mechanism comprising mediation strategies “mediation by invitation” and “cooperative practice” by working with entities such as the mediation centre of the Internet Society of China, China Writers’ Association and the Beijing Intellectual Property Bureau. The Zhejiang High People’s Court has also explored the possibility of establishing a mechanism for mediation by appointment, targeting at civil patent disputes. The Xinjiang Autonomous Region High People’s Court has invited technical experts to assist in the mediation for intellectual property cases.
Third, focused on mediation of related cases, and guided the parties to re-channel their resentment from infringement into energy for business cooperation. The Jiangsu Province High People’s Court has assessed the circumstances of related cases in the Karaoke industry and have organised several seminars for copyright owners, copyright collective management organisations, representatives of Karaoke bar owners and the relevant authorities to address at source the many issues in copyright disputes in the Karaoke industry. For high profile intellectual property disputes with related cases, the Guangxi Province High People’s Court organised discussions at the local level with the parties, lawyers and the industry’s regulatory authority.
总共25页
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