China Import Alert >> China IPR and Patent
Supreme People's Court Releases Document to Solve IPR Disputes
ETCN 2009-08-04
On August 4, the Supreme People's Court released Several Opinions on Setting up Contradiction Solving Mechanism to Connect Litigation and Non-Litigation (hereinafter referred to as "Opinions") in Beijing.
Vice Director of Judicial Reform Office under the Supreme People's Court Jiang Huiling said, as IPR disputes refer to stronger professional issues, all people's courts should guide and push non-litigation organizations to participate in dispute resolution, in addition to the launch of related trainings.
The Opinions clarify that, the reconciliation agreement made by administrative organs, commercial mediation organizations, industry mediation organizations, etc. is with the nature of a civil contract, and all interested parties must obey and carry out it.
Besides, the interested parties can apply to people's court with full jurisdiction for making sure the effectiveness of the reconciliation agreement. After that, once any party refuses to fulfill the agreement, the other party can ask the court to do compulsory execution according to laws and regulations, Jiang continued.
Jiang urged people's courts at all levels to cooperate with relevant organizations to develop alternative dispute resolution system, boost the effective connection between litigation and non-litigation, and perfect collaboration mechanism for various dispute solutions.
Vice Director of Judicial Reform Office under the Supreme People's Court Jiang Huiling said, as IPR disputes refer to stronger professional issues, all people's courts should guide and push non-litigation organizations to participate in dispute resolution, in addition to the launch of related trainings.
The Opinions clarify that, the reconciliation agreement made by administrative organs, commercial mediation organizations, industry mediation organizations, etc. is with the nature of a civil contract, and all interested parties must obey and carry out it.
Besides, the interested parties can apply to people's court with full jurisdiction for making sure the effectiveness of the reconciliation agreement. After that, once any party refuses to fulfill the agreement, the other party can ask the court to do compulsory execution according to laws and regulations, Jiang continued.
Jiang urged people's courts at all levels to cooperate with relevant organizations to develop alternative dispute resolution system, boost the effective connection between litigation and non-litigation, and perfect collaboration mechanism for various dispute solutions.
ETCN Comments:
Renminbi trade coming into effect in Hong Kong and Mainland brings great convenience during the import and export trade between them. If the yuan settlement can be well implement, such settlement may be expanded to the global trade, which is convenient for overseas enterprises exporting to China. In addition, it also reduces companies' exposure to foreign exchange risks, increase liquidity in foreign trade and cut transaction costs.
The dispute resolution system boosts the effective connection between litigation and non-litigation, and perfect collaboration mechanism for various dispute solutions. It also arouses people��s conscious to devote in IPR protection activity and makes much definitive solution on the IPR dispute of import products in China.
If you want to change subscription items or you have any questions and advices, please contact us!
