Docking Mechanism of Judicial Remedies and Administrative Remedies for IPR Safeguarding Assistance Established in Wuhan

 

Recently, Wuhan Intermediate People's Court and Wuhan IP Administration jointly issue the Provisional Regulations on Docking Judicial Remedies with Administrative Remedies in the Work of IPR Safeguarding Assistance (hereafter referred to as the Provisional Regulations).

The Provisional Regulations clearly requires setting up the post of liaison officials of IPR safeguarding assistance, establishing the working mechanism of mutual consultation, cooperation and information communication, setting up the joint conference system of IPR safeguarding assistance and creating and improving the docking mechanism of judicial remedies and administrative remedies during the work of IPR safeguarding assistance. The Provisional Regulations also clearly stipulates the contents such as docking scope, principles and procedures of administrative remedies and judicial remedies so as to legalize, institutionalize and conventionalize the mechanism. It also makes exploratory stipulations on technological authentication and intermediation of IP cases.

The Provisional Regulations establishes a bridge connecting judicial remedies and administrative remedies. Given a right holder needs assistance during a lawsuit, the court may inform the right holder to file an application to the assistance center. Then, the center will provide intelligence supports such as supplying IP agencies, lawyers and authentications to the qualified right holders, which is conducive to solving realistic problems of IPR holders and maintaining their rights and interests.

In August 2008, the China (Wuhan) IPR Safeguarding Assistance Center is established to provide assistance services to Chinese citizens and legal persons who cannot afford to launch IP lawsuits, and Chinese citizens, legal persons and other organizations that encounter with difficult IP affairs and cases.

2013-07-17