Mediation
What is Mediation?
Mediation is a process in which mediators suggest a compromise solution to parties to a dispute, in an attempt to settle the dispute through remediation.
Once an application for mediation proceedings is made to this Center, one attorney-at-law and one patent attorney, two in total, shall be appointed as mediators from the list of mediator candidates of this Center, and the mediation proceedings shall be commenced. With both parties' agreement, it is possible to appoint any person as a mediator, whether or not listed on the above list.
Since mediation proceedings are not viable without the approval of both parties, it is possible for the mediation to end in failure at any time if a party does not wish to achieve a resolution through mediation, even if the mediation is in process. Therefore, when an application for mediation is made against you, we recommend that you attend the proceedings, listen to the presentations, and see how things go in the meantime, instead of completely refusing to participate in the proceedings at all from the beginning.
Agents
It is possible for parties themselves to make an application for mediation and to pursue it or through their agents; however, an agent shall be an attorney-at-law, a patent attorney, any other persons who are admitted as a representative under the relevant laws and regulations, or whom this Center considers proper.
Mediation
Mediator candidates*1 of this Center consist of attorneys-at-law, patent attorneys, and academic experts. Those who are appointed as mediators will address and resolve a dispute by mediation, while taking advantage of their own expertise and experience.See the list and background information of mediator candidates here.
*1. Since they become mediators only after the commencement of the mediation proceedings and their subsequent appointment as mediators, they are referred to as mediator candidates until their appointments have been confirmed.
How to apply for mediation?
One party shall submit one original copy of a written application for mediation as an applicant, with the number of duplicates equal to the total number of respondents and mediators, and shall present such application and duplicates at the reception window of the Japan Intellectual Property Arbitration Center.
The written application for mediation shall include the following items.
- the names (or titles, hereinafter, the same), domiciles (or residences, hereinafter the same), and contact information (telephone numbers, fax numbers, e-mail addresses) of the parties, and names of the parties' representatives if the parties are juridical persons;
- the names and domiciles of agents, if any;
- summary of the dispute;
- the gist of the resolution for which the application is made; and
- where the applicant has a preference for the number of the mediators, one or three, such preference must be stated.
The following attachments are necessary for the application for mediation.
- the certificate of qualification for the applicant's representative or the respondent's representative, if either or both of them are juridical persons;
- the power of attorney if an application is made by an agent;
- documentary evidence such as a patent publication or a trademark publication, etc., which indicate the scope of the rights which have become the basis for the dispute;
- documentary evidence other than those as provided in (3) above; and
- duplicates of documentary evidence as provided in (3) and (4) above (the number of duplicates shall be the sum of the number of respondents and mediators).
The documents as set forth in (1) above are available at the Legal Affairs Bureau which exercises jurisdiction over the relevant company according to its address. Please prepare those issued within three months.
Please submit the documents as set forth in (1), (2), and (3) at the same time as application submission, and the documents as set forth in (4) and (5), either at the same time as application submission or promptly after the respondent's representation of its intention to attend the mediation proceedings, respectively.
As for formats and samples, please see the following "2.7 Formats and Samples for Mediation Proceedings."vIf you have any questions, do not hesitate to contact the secretariat.
Fees for Mediation
（1）Application Fee
47,620 yen (+tax, hereinafter the same in chapter "2. Mediation")
The applicant shall bear this fee at the time of submitting an application for mediation. In the case where the application is dismissed for reasons as provided for in this Center's Rules for Mediation Proceedings, or in cases where the respondent refuses to attend the mediation proceedings, 28,572 yen(+tax) of this fee shall be reimbursed.
（2）Fee for Hearing
47,620 yen(+tax) / one hearing
Both the applicant and respondent shall pay the same fee amount for each hearing (47,620 yen(+tax) each / one hearing), and as a general rule, as promptly as possible after the termination of each mediation hearing.
（3）Settlement Agreement Writing Drafting, Attendance Fee
When a settlement agreement is reached, each party shall pay 142,858 yen(+tax) promptly upon reaching a settlement. Moreover, in the case where there are special circumstances, the amount can be increased or decreased within limits of 47,620 yen(+tax), or increased up to 285,715 yen(+tax).
（4）Other matters
Actual costs such as fees for interpretation, translation, inspection, experiment, business trip, and connection fees in the case of teleconferences in the mediation proceedings, shall in principle, be equally borne by the parties.
Note
(1) Fee for hearing, settlement agreement drafting fee and attendance fee shall be adequately increased or decreased dependent upon the number of mediators (three or one), respectively.
(2) Individuals, small-scale enterprises or organizations, and high profile public organizations, etc. can request through application for special reduction, with regard to the above fees, in certain cases.
Beneficiary Bank Account
Japan Intellectual Property Arbitration Center
Mitsui Sumitomo Bank Kasumigaseki branch office
Ordinary Deposit Account No. 6559091
Formats for Mediation Proceedings
Please see the following formats for the mediation proceedings.
（1）Written Application for Mediation
（2）Written Mediation Answer
（3）Power of Attorney
Rules for Mediation Proceedings
The mediation proceedings shall be conducted in accordance with the Rules for Mediation Proceedings.
