As an intermediary facilitator, MCIC of SIPRES is responsible for reviewing the evidences from the disputed parties. Based on due consideration to the needs of both disputed parties, quick solutions will be proposed to both side for the consideration in resolving this alleged conflicts.
Disputes among South Korea KBS, SBS and the two Internet operators in Jiangsu Province
Case Appointment: From March 10 to March 25 of 2009, the South Korean television network KBS entrusted a law firm to file a law suit against an Internet operator at the Intermediate People’s Court of Nanjing, Jiangsu Province. On March 20 of 2009, the Internet operator commissioned the MCIC for mediation. MCIC, upon the acceptance of the case, designated two mediators to enter negotiation with the plaintiff’s attorney and the court to come up with detailed reconciliation proposals.
Mediation process: Between April 13 to 22, 2009, the mediators submitted the reconciliation proposals to the plaintiff and the defendant, including the television play list to be reconciled, the corresponding copyright documents, the settlement amount, payment and so on.
Acceptance and agreement reached: On April 24, 2009, with the mediation of the Intermediate People’s Court of Nanjing and MCIC, the two parties signed the reconciliation agreement with the cost of compensation reached.
In early 2009, the three major television stations of South Korea (KBS, MBC) sued another Internet operator in Jiangsu Province for infringing its copyright regarding 70 television plays. In May 2009, MCIC again stepped in. After a month of negotiation and arbitration, a settlement was reached. The mediation enabled the copyright holders to recover an economic loss of $1 million RMB.
MCIC later worked with the South Korea KBS and iMBC television stations to resolved another alleged copyright infringement which are against four Internet operators in the Beijing area involving 111 films. That reimbursed settlement came to $5 million RMB.
From December 2007 to November 2010, mediation efforts carried out by MCIC, has included domestic and international movies, television plays, books, pictures, domain names and other types of disputes. Altogether, over 200 films, 500 television plays, 1,000 pictures, 1 domain name and 2 books were involved. And the total financial compensation for the copyright holders came to $ 50 million RMB.
Upon the endorsement given by: The Beijing Higher People's Court; Beijing Second Intermediate People's Court; Beijing Haidian District People's Court; Beijing Chaoyang District People's Court and Beijing Shijingshan District People's Court regarding Internet intellectual property rights, MCIC has produced a “Mediation Commissioned Agreement”. The content in this document is recognized by the courts in Beijing.
With the implementation of "Intellectual Property Protection by Chinese Courts in 2009", the Beijing Higher People's Court and MCIC are now working together in reaffirming the efforts and results that came out from MCIC.
MCIC has entered the " Unified Mediation Agreement Mechanism" with the Internet Associations in 11 provinces in China.
Thus far, the 45 Internet operators who have submitted their “Letter of Intent for Quick Mediation Resolution” to MCIC will be given higher priority to MCIC in resolving their Internet intellectual property disputes.
So far, all disputed cases were settled within a month. The fastest reconciliation was two days.
Our plan is to work with all the following Internet players and copyright holders in China to establish a mediation mechanism:
China Telecom, China Unicom, China Mobile, Sina, Sohu, Tencent, People's Daily, Google, Baidu, Thunder, CCTV, Youku, Tudou, Ku6, 6.cn, PPTV, PPS, Ynet, Youth Online, ZGJRW,
IFPI, Music Copyright Society of China, CRTA Production Association, Chinese Written Works Copyright Society, Korean KBS TV station, Tungstar, China Economic Times, China International Television Corporation, Xi'an Television Station, etc.
On February 28, 2006, the National Copyright Administration granted the Copyright Union of Internet Society Of China (ISCU) the title of “2005 National Copyright Protection Model” during the national copyright conference.
On May 17, 2006, at the first Global Film Internet Copyright Protection & Development Forum, ISCU jointly worked with the Motion Picture Association of America to introduce the global f ilm copyrights enforcement and prospects in dissemination of films through the network. It also presented the copyright protection procedures in Asia98 Pacific and Chinese film copyright protection and the latest international Internet copyright infringement cases.
On April 11 , 200 7, worked with the Motion Picture Association of America in co-sponsoring the 2nd Film Internet Copyright Protection & Joint Establishment of Legitimate Operating Orders Forum.
From August 7 to 14, 2007, Symposium on the Internet Society of China Intellectual Property Civil Disputes Mediation Methods (Trial) was organized to solicit proposed amendments from the copyright owners and Internet operators regarding the Methods while developing the rules of resolving Internet intellectual property disputes through private mediation.
On April 18, 2008, worked with the Motion Picture Association of America to joint sponsor the 3rd Global Film Internet Copyright Protection & Development Forum for promoting Internet operators to better understand the current status and trends of foreign film copyright protection and pushing forward to cooperation between the foreign film copyrights holders with domestic Internet operators.
On November 3, 2009, the Network Copyright Summit was held.
1. MCIC entered into cooperation agreements with Beijing Higher People's Court, Beijing Second Intermediate People's Court as well as Internet associations in 13 cities and provinces covering Beijing, Tianjin, Guangxi, Hunan, Jiangsu, Liaoning, Sichuan, Shaanxi, Yunnan, Jiangxi, Fujian and so on to co-establish the united mediation mechanism.
2. Officially launched a Copyright Bulletin Notice platform using the web sites provided by CCTV, Movie Channel Program Production Center and Shanghai Stock Exchange network.
3. In collaboration with the Television Production Committee of China Radio and Television Association, the Network Film and Television Development CEO Association was established to set up to serve as the high-level communication and dialogue platform between film and television producers and Internet operators.
On March 29, 2010, the 2nd Network Film and Television Development CEO Joint Conference was held. During this conference, members from the Television Production Committee and the Internet Association and other member representatives drew up the “Internet Film and Television Copyright Cooperation And Protection Rules”, covering industry discipline, technical methods, legal standardization and other specific measures on Internet copyright protection and development.
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