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Beijing Intellectual Property Court Promotes Simplification and Diversion of Administrative Litigation Procedures

In May 2021, the Supreme People's Court issued the Opinions on Promoting the Reform of Simplification and Diversion of Administrative Procedures (referred to as Opinions) to promote the simplification and diversion of administrative cases and optimize the allocation of administrative trial resources.

Beijing Intellectual Property Court is the first court in China to implement judicial reform. Since the establishment of the court, the administrative cases of trademark authorization and confirmation occupied the majority of cases handled. According to the Opinions, some of the administrative cases of trademark authorization and confirmation are cases with clear facts, clear rights and obligations and are of little controversy, which can be trialed as simple cases according to Article 2 of the Opinions. In the meanwhile, according to the provisions of Article 5 of the Opinions, "in cases where the administrative counterpart requests reconciliation, or cases that are more conducive to substantive resolution of administrative disputes through reconciliation, the people's court can guide the parties to reconcile or mediate through a third party before registration of the case". For example, in some cases, as long as the right status of the cited trademark is determined, the trial can be promoted in time, and the conclusion can also be recognized by the parties; some cases are caused by civil tort litigation, and if a proper coordination is conducted, the administrative and civil cases can be solved together in the mediation procedure before the administrative case is filed, which will greatly improve the quality and efficiency of legal practice. 

Combined with the actual trial, as of August this year, Beijing Intellectual Property Court had explored the simplification and diversion of litigation procedures in trademark authorization and confirmation cases, and as regard the mediation procedure before filing a case, in addition to solving various problems affecting the trial conclusions of administrative cases of trademark authorization and confirmation, the court also carried out the delivery of litigation materials, which not only assists the promotion of mediation work, but also makes necessary preparations for the trial work after the court registers and files a case in time according to law under the condition that "the parties refuse mediation or fail to reach a settlement agreement and meet the statutory conditions for filing a case", hence improving work efficiency. Up until now, the court has introduced more than 300 trademark authorization cases in the pre-filing mediation procedure, with Notice of Administrative Cases Entering the Pre-litigation Mediation Procedure duly delivered to the parties.

This marks a new judicative trend in the future, for most of the litigation procedures of trademark authorization and confirmation cases, especially the administrative litigation of rejection and review, will enter the mediation procedure before filing a case.