Study On The Trademark Dispute Mediation System

Mediation of trademark disputes is a kind of activities that under the auspices of a neutral third party outside of the parties, promote mutual voluntary reached agreement to eliminate the trademark disputes. Relative to trademark litigation, mediation of trademark disputes with many features make the significant advantages of mediation to resolve trademark disputes, such as flexible, efficient, professional, confidentiality, and creative for solutions. The existing scope of trademark dispute mediation include the civil disputes of trademark, the executive compensation disputes of trademark, the minor criminal private prosecution disputes of trademarks and the criminal with civil disputes of trademark. Administrative disputes outside of the executive compensation disputes of trademark and criminal prosecution disputes of trademark, also can undertake mediation, if without prejudice to the public interest and not against the parties under the condition of the principles of voluntary participation.Many foreign countries had established a mandatory mediation and the court annexed-mediation to resolve trademark disputes and received a wide range of application. Currently, the Trademark Disputes Mediation System did not receive due attention in our country, and still exist many drawbacks. Learn from foreign advanced experience and according to the condition of our country, the mandatory mediation and the court-annexed mediation to resolve trademark disputes attached with rationality. Mandatory mediation in the principles of voluntary participation, on the basis of the start of the mediation procedure restrictions, but not compel the hole mediation program, the mediation content and results, which prompts the parties to choose trademark mediation program, and improves the efficiency of the dispute resolution. The court-annexed mediation with an independent trademark disputes mediation center different between judge organization, and the mediation and judge separation, avoids the drawbacks in our country for a long time which is the judge is not divided into mediation. And this paper is put forward a series of institutional element suggestions about the trademark disputes mandatory mediation and court-annexed mediation scope, mediation organization, the selection of mediators, mediation program and the mediation results.