Applicable Case Study Of Mediation In Intellectual Property Litigation

21st century is an age with rapid development of knowledge and economy. In such atime, the importance of intellectual property is self-evident and many countries have regardedit as the whole country’s strategy, so has our country. Under such circumstances, the numberof cases about intellectual property is growing explosively and the courts are under greatpressure to judge such cases. As a result, mediation as an efficient and convenient method todeal with disputes is widely applied by the court in intellectual property lawsuits. Thus,studying the applicable situation of mediation in intellectual property lawsuits is quiteimportant for efficiently dealing with intellectual property disputes and achieving ourcountry’s intellectual property strategy.Intellectual property is a private right, but compared with other civil rights, it’sinvisible and can only be achieved through legal methods. Besides, this right has a time limitgoverned by law and once expires, it will enter public domain. Thus intellectual property ischaracterized as statutory, invisible and terminable, which has decided the differencesbetween Intellectual properties related cases and general civil cases. While the differences arethe logical starting point of our study mentioned above.With regard to current intellectual property lawsuits in our country, most cases end upwith mediation which is facilitated to a large extent by the court for the purpose of easingrelated cases’ judge pressure and responding to our country’s call of building aninnovation-oriented country and a harmonious society. Besides, one of the important reasonswhy mediation is frequently used in intellectual property lawsuits is that they are suitable formediation. The case of Wan Hong’s accusing Noah of patent infringement referred to in thearticle has fully manifested intellectual property’s characteristics including strong expertise,low efficiency of lawsuits and easy overlap of civil procedure and administrative procedure.According to the analysis of this case, the advantages and current issues existing in the usageof mediation in intellectual property lawsuits will be displayed. One important issue mediation is facing currently is that the principle of voluntary isusually hard to be guaranteed and mandatory mediation happens from time to time. Besides,judicial corruption during mediation has to be paid more attention to, which is closelyconnected with the unity of the mediator and the judge in our country’s lawsuit mediation. Inaddition, when handling the mediation of intellectual property related cases which are highlyprofessional, the disadvantages resulting from the judge’s lack of professional knowledge arealso worth of attention. Referring to foreign countries’ experience, the key to solving theissues during mediation is the separation of judge and mediation. An intellectual propertylawsuit mediation committee should be established in the court to specially handle intellectualproperty lawsuits. The committee should be made up of social non-judge professionals anddirected by the judge. This mediation model can not only solve the issues mentioned aboveand the problem of more cases with less hands, but also achieve advantages of professionals’involving in the mediation of intellectual property lawsuits.