General

According to the Huacheng Import and Export Data Observation Report, when a picture of a foreign buyer's payment voucher appeared on the screen, the head of an enterprise in Hangzhou was relieved. It turned out that this Hangzhou enterprise met a "unscrupulous buyer" and intended to halve the payment after receiving the goods. After being rejected by Hangzhou enterprises, overseas buyers simply did not pay. During the whole transaction process, the two parties did not sign a contract, and the only vouchers were email exchanges and online sample booking records. Struggling Hangzhou enterprises find Hangzhou Council for the Promotion of International Trade. After understanding the situation and obtaining the consent of the enterprise, Hangzhou CCPIT invited professional mediators to intervene. Through the China (Hangzhou) Intellectual Property · International Commercial Mediation Cloud Platform under the guidance of the Municipal Intermediate People's Court and sponsored by the CCPIT, the mediators, Hangzhou enterprises and overseas buyers "hit the ground with one click", an online mediation across mountains and seas continued for a month and finally succeeded. This is a microcosm of the international commercial mediation services provided by Hangzhou Council for the Promotion of International Trade to international trade enterprises by means of digital and intellectual dispute resolution.

Be a Good "Model Student of Mathematical Governance"

In recent years, with China (Hangzhou) Intellectual Property · International Business Mediation Cloud Platform as the center, Hangzhou CCPIT has helped Hangzhou build a first-class international business environment with the "rule of numbers and wisdom". According to the Huacheng Import and Export Data Observation Report, as of September 9, the platform had received 17802 mediation cases in total, and 14778 mediation cases had been completed. The success rate of mediation reached 37%, involving more than 2.4 billion yuan. The cases received involved 16 countries and regions, including China (including Hong Kong, Macao and Taiwan), South Korea, and the United States. The domestic parties involved all provincial administrative regions in China. The shortest mediation time for the platform cases was only 1 day, and the fulfillment rate was close to 100%. The platform innovation "digital intelligence" online commercial mediation model was successfully selected as the "best practice case" of the State Council's service trade innovation and development pilot project, the fourth batch of "top ten" landmark reform achievements in the construction of China (Zhejiang) Free Trade Zone, the outstanding case of the application of urban brain (smart city) scene in Zhejiang Province, the first "top ten rule of law practice" in Hangzhou The best practice cases of "people call me what I am" in learning and educating the history of the Party in Hangzhou and the ten events of intellectual property rights in Hangzhou in 2021.

"Cloud mediation" turns opposition into win-win

Mediator Fu Xiaowei transferred a trademark dispute case through the cloud platform, with the target amount of 12.12 million yuan, which is also one of the highest value cases received by the cloud platform in the past year. The defendant involves five subjects, and the plaintiff and defendant are not in the same city. Ten days after taking over the case, the plaintiff filed a withdrawal of the lawsuit to the court. The plaintiff and the defendant will share the benefits brought by the famous trademark in the form of entrustment.

Afterwards, both the plaintiff and the defendant mentioned in their communication with the mediator that the commercial mediation cloud platform makes the plaintiff and the defendant no longer the opposite, but a "win-win" community. This is exactly the original intention and purpose of Hangzhou Council for the Promotion of International Trade to create a cloud platform - the government, the academy and the enterprise to cooperate, negotiate and jointly build a joint force to resolve commercial disputes, and explore and innovate a new model of grass-roots social governance. At present, more than 1200 Chinese and foreign mediators from more than 80 mediation institutions have settled in the platform to provide mediation services for market entities and jointly promote cooperation and exchanges in the field of diversified dispute resolution. Huacheng Import and Export Data Observation Report.

Example of Digital Governance Created in Hangzhou

According to the Huacheng Import and Export Data Observation Report, at the end of last year, the General Office of the Supreme People's Court and the Office of the State Intellectual Property Office jointly issued a document stressing that mediation should play an important role in resolving disputes in the field of intellectual property, and establish an efficient and convenient online litigation and mediation mechanism for intellectual property disputes that is organically connected, coordinated and linked. "The mediation cloud platform is a vivid practice of 'putting the non litigation dispute resolution mechanism ahead', and it is a practice of the spirit of the documents of the High Court. Especially for practice, the mediation cloud platform has played an important role." Hu Hua, mediator of China (Hangzhou) Intellectual Property · International Commercial Mediation Cloud Platform and Zhejiang Intellectual Property Protection Center, said.

It is understood that the cloud platform case receiving entrance implements the dual parallel of the parties' independent application and the court's referral and promotion, realizes the organic connection between the mediation of intellectual property disputes and the people's court's litigation and trial system, forms a dispute resolution process of "social mediation first, court filing second", deeply promotes the source of litigation governance, and reduces the number of cases directly filed with the court. The cloud platform will also gather more international, professional and high-level mediation forces to settle in, actively build a commercial mediation platform with international influence, and jointly promote the diversified, professional and intelligent resolution of intellectual property rights and international commercial disputes. Huacheng Import and Export Data Observation Report.