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| 八卷四期 89年02月29日 |
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| IPO Mediation Available for Royalty Disputes Between Copyright Users and Intermediary Organizations |
| Mediation by the Intellectual Property Office (IPO) is available to resolve royalty disputes between copyright users and copyright intermediary organizations. Article 82 of the Copyright Law provides for the mediation role of the IPO as follows: The competent authority shall establish a Copyright Examination and Mediation Committee to handle the following matters: 1.Examination on the rate of compensation for use under the provisions of paragraph 4 of article 47 and as prescribed by copyright intermediary organizations. 2.Mediation of disputes between copyright intermediary organizations and users concerning the compensation for use. 3.Mediation of disputes concerning copyright or plate rights. 4.Other consultation in connection with copyright examination and mediation. Dispute mediation referred to in subparagraph 3 of the preceding paragraph, when involving criminal matters, shall be limited to cases actionable only upon complaint. In addition, the IPO has issued the Copyright Dispute Mediation Regulations under Article 83 of the Copyright Law. Copyright users and copyright intermediary organizations may each petition the IPO according to Articles 82 and 83 to mediate contractual disputes regarding copyright royalties. The IPO's Copyright Examination and Mediation Committee shall appoint one to three persons to mediate disputes, the number of mediators depending upon character of the dispute and the types of copyrighted works involved. Mediation decisions shall be binding upon the parties with the force of contract. |
