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Notice on the release of typical experiences, practices and cases in multi-dimensional mediation of intellectual property disputes from 2021 to 2022

Release Time：

2023-06-05

Recently, the Office of the State Intellectual Property Office and the General Office of the Supreme People's Court issued a notice on typical experiences, practices and cases in multi-dimensional mediation of intellectual property disputes from 2021 to 2022. Among them, the case of standard essential patent infringement disputes mediated by the Shenzhen Intellectual Property Protection Center People’s Mediation Committee was selected.

Case 9: Mediation by the People’s Mediation Committee of Shenzhen Intellectual Property Protection Center

Standard essential patent infringement dispute case

Basic information of the case

The petitioner, a well-known communications equipment listed company, claimed that the respondent, a company, used its standard essential patents in the communications field without permission. The petitioner applied for non-litigation resolution of the dispute through the "one-stop" collaborative dispute resolution platform. After communication, both parties agreed to mediate by the Shenzhen Intellectual Property Protection Center People’s Mediation Committee.

The first is to analyze key information and determine a treatment plan. The mediator immediately conducted a preliminary analysis on whether the patent involved was a standard essential patent, whether the rights were valid, whether the comparison table was complete, etc., and communicated with the person in charge of intellectual property rights and technology research and development personnel of the petitioner and the respondent respectively to understand The specific process of the dispute, sorting out and clarifying the focus of the dispute.

The second is to estimate factors to consider and promote dispute mediation. The mediator gave opinions on the issues of concern to both parties, as follows: In view of the actual situation in which the respondent passively handled the dispute, the mediator explained to the respondent based on the interpretation of similar cases that it would be detrimental to the respondent to enter judicial channels with the status quo. In view of the respondent's belief that there are many infringing subjects in the industry, the technical solutions used are well-known technologies in the industry, and there are reasons for defense, the mediator based on the popularization of laws and regulations related to intellectual property rights, focused on the scope and protection of legal sources and exhaustion of rights. Logically, it is recommended that the respondent pay attention to its own disputes, start with technical clarification, gradually find points of interest with the petitioner, and jointly discuss solutions.

After fully considering the above-mentioned opinions provided by the mediator, the respondent basically recognized the use of the petitioner’s standard essential patents and agreed to further consultations on the cooperation model.

The third is to professionally assist negotiations to achieve a win-win situation for all parties. Due to competition concerns in the industry, the respondent insisted on avoiding the concept of "license fees" and stated that it could only conduct "special" cooperation. During the license negotiation stage, the mediator’s main communication target becomes the petitioner, and he mainly provides opinions on the following issues: It is recommended that the petitioner re-evaluate the amount involved; it is recommended that the respondent use an appropriate comparable agreement as a reference to re-determine the fee rate with the petitioner; It is recommended that both parties use official data such as "customs shipments in two years" as the main reference basis to bridge the psychological expectations of both parties; it is recommended that the petitioner focus on the substantive needs of dispute resolution to achieve the core goal of standardizing the use of intellectual property rights.

In the end, with the unremitting efforts of all parties, the petitioner and the respondent reached a comprehensive settlement and confidentiality agreement regarding the standard essential patent disputes involved in the case and subsequent cooperation.

Expert Reviews

Standard essential patents are a key and difficult issue in the protection of intellectual property rights in the communications field. This case uses commercial thinking to guide both parties to the standard essential patent dispute through mediation to carry out license negotiations, effectively balancing the interests of the standard essential patent holders and implementers, and achieving legal The unity of effect and social effect reflects the huge advantage of the "one-stop" collaborative protection platform for intellectual property in gathering intellectual property resources and efficiently resolving conflicts and disputes. (Wang Zhengzhi, partner of Gaowen Law Firm)

The full text of the notice of the State Intellectual Property Office and the General Office of the Supreme People's Court on the release of typical experiences, practices and cases in multi-dimensional mediation of intellectual property disputes from 2021 to 2022

Issued by the State Intellectual Property Office [2023] No. 24

Intellectual Property Offices and Higher People's Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, Intellectual Property Office of Xinjiang Production and Construction Corps, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:

In recent years, intellectual property management departments and people's courts at all levels have thoroughly studied and implemented the spirit of the 20th National Congress of the Communist Party of China, conscientiously implemented the decisions and arrangements of the Party Central Committee and the State Council on strengthening intellectual property protection, and insisted on putting non-litigation dispute resolution mechanisms at the forefront and starting from the source. Strengthen the mediation of intellectual property disputes in terms of prevention, online mediation, diversified resolution, and one-stop dispute resolution, improve the online litigation and mediation docking mechanism for intellectual property rights, and build a new pattern of "head-to-head" online diversified dispute resolution with Chinese characteristics In this regard, positive results have been achieved.

In order to summarize and sort out the development of diversified mediation of intellectual property disputes, refine the experience and practices of diversified mediation of intellectual property disputes, and discover a number of outstanding cases of "head-to-head" intellectual property dispute mediation, in accordance with the "General Office of the State Intellectual Property Administration and the General Office of the Supreme People's Court" on soliciting According to the "Notice on Experience, Practices and Cases in Diversified Mediation of Intellectual Property Disputes from 2021 to 2022" (State Intellectual Property Office Fa Bao Zi [2022] No. 54), the State Intellectual Property Office, together with the Supreme People's Court, organized and carried out the experience, practices and cases of multi-dimensional mediation of intellectual property disputes. For the case collection work, 10 typical experiences and practices and 10 cases from the first 10 provinces (municipalities) were selected based on the cases submitted by local intellectual property management departments and people's courts, and are now released. Intellectual property management departments and people's courts at all levels are requested to strengthen the publicity and promotion of typical experiences, practices and cases, give full play to the role of typical experiences, practices and cases in leading and demonstrating, and continue to deepen the multi-faceted mediation of intellectual property disputes, so as to accelerate the development of a strong country with intellectual property rights. Provide strong support for construction.

Notice is hereby given.

Attachment:1. Summary table of typical experiences, practices and cases in multi-dimensional mediation of intellectual property disputes from 2021 to 2022

2.Typical experiences, practices and cases of multi-dimensional mediation of intellectual property disputes in 2021-2022

Office of the State Intellectual Property Office General Office of the Supreme People's Court

May 26, 2023

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