The Ministry of Justice and the China National Intellectual Property Administration (CNIPA) have jointly issued the Guiding Opinions on Strengthening Arbitration for Intellectual Property Disputes (the “Opinions”), outlining a systematic strategy to enhance IP arbitration in China through greater specialization, procedural clarity, and international alignment.
Key measures introduced include:
Specialized Institutions:
Support for establishing dedicated IP arbitration bodies, developing accredited arbitrator rosters and a national referral directory, and forming expert panels on IP arbitration.
Tailored Procedures:
Promotion of specialized arbitration rules, inclusion of technical investigators in proceedings, and encouragement for industry associations to adopt arbitration clauses in their governing documents.
Broader Application:
Expanded use of arbitration to resolve IP contract disputes, patent open-license issues, standard-essential patent (SEP) licensing fee disagreements, and other related matters, supported by increased public awareness efforts.
International Engagement:
Encouragement for Chinese arbitration institutions to handle cross-border IP disputes, set up regular coordination channels with overseas IP dispute assistance centers, and deepen cooperation with the WIPO Arbitration and Mediation Shanghai Center to boost China’s role in global IP dispute resolution.
Strengthened Framework:
Establishment of cross-departmental coordination mechanisms to better link arbitration with administrative rulings, mediation, and other channels, alongside advancing specialized research, training programs, and publishing guiding cases.
These guidelines are designed to offer innovators in China and abroad more efficient, adaptable, and professional options for resolving IP disputes, contributing to a stronger and more predictable IP protection environment.
Official release available here:
https://www.moj.gov.cn/pub/sfbgwapp/zwgk/tzggApp/202512/t20251224_529738.html
