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  • Article

    China's Civil Procedure Law Amended 4th Time To Simplify Proceedings

    13 terms were amended to be compatible with the Civil Code of the PRC effective on January 1, 2022.
    ChinaLitigation, Mediation & Arbitration
    AFD China
    AFD China
  • Article

    Official Launch Of The People's Court Case Database: Now Accessible To The Public

    On 27 February 2024, the Supreme People's Court held a press conference to announce the official launch of the People's Court Case Database ("Case Database").
    ChinaLitigation, Mediation & Arbitration
    L&E Global
    L&E Global
Article

신장(新疆)·저장(浙江) 최초 연동, 성 간 온라인 재판 실시… 지식재산권 보호 또 새로운 돌파구 마련

최근,신장(新疆)과 저장(浙江) 두 지역 시장감독관리부서가 처음으로 연동하여 '온라인 재판+오프라인 합의' 방식을 채택해 성 간 두건(scarf) 디자인 특허 침해 분쟁 3건을 집중 심리했음. 이는 신장 최초의 성 간 온라인 특허 침해 재판 사례로, 지역 간 지식재산권 협력 보호가 실질적인 한 걸음을 내디뎠음을 의미함.
ChinaIntellectual Property
Kangxin
Kangxin
  • Article

    Amendments Of PRC Civil Procedure Law Aim To Strengthen Efficiency And Transparency Of Chinese Judicial System

    A revision of the PRC Civil Procedure Law ("CPL") that comes into force on 1 January 2013 aims to strengthen court efficiency, clarify the rules of evidence and rights of litigants, and improve judicial transparency.
    ChinaLitigation, Mediation & Arbitration
    De Brauw Blackstone Westbroek
    De Brauw Blackstone Westbroek
  • Article

    SPC orders courts to publish judgments online

    While Chinese judgments are technically public, until now there has been no public database to search judgments.
    ChinaLitigation, Mediation & Arbitration
    R&P China Lawyers
    R&P China Lawyers
  • Article

    How To Define The Scope Of A Claim That Is Formally Dependent But Substantively Independent

    The Supreme People's Court has issued a final judgment in a dispute over infringement of an invention patent, providing important guidance on how to determine the scope of protection for claims that are formally...
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    最高法院、「知的財産権法廷裁判要旨摘要(2025)」を公表

    中国最高人民法院は4月22日、「最高人民法院知的財産権法廷裁判要旨摘要(2025)」を公表した。同文書は、同法廷が2025年に審理を終えた3146件の事件から132件を精選し...
    ChinaIntellectual Property
    Kangxin
    Kangxin
  • Article

    浙江省高級法院が知的財産司法保護分析報告書を発表 昨年に4.5万件を結審

    浙江省の知的財産司法保護に関する広報週間が4月14日、舟山で開幕した。省高級人民法院(高裁)が開幕式で発表した「2025年浙江省知的財産司法保護分析報告」によると、昨年に浙江省の裁判所が結審した...
    ChinaIntellectual Property
    Kangxin
    Kangxin
  • Article

    Certain Important Rules For Recognition And Enforcement Of Foreign Arbitration Awards Set Forth In New Interpretation Of The Civil Procedure Law By The Supreme People's Court

    The Interpretation on the Application of the Civil Procedure Law of PRC (the "Interpretation") was issued by the Supreme People's Court on January 30, 2015 and came into effect on February 4, 2015.
    ChinaLitigation, Mediation & Arbitration
    HaoLiWen
    HaoLiWen
  • Article

    Supreme Court Ruling: Misappropriating Others' Technical Work For Patents Violates Attribution Rights

    The Supreme People's Court has issued a landmark ruling on inventor attribution rights in patent disputes, establishing clear standards for proving substantive creative contribution. In a case where a chip architecture engineer discovered his technical work had been used without permission in four patent applications filed by a colleague from another department, the court examined evidence including technical documents, timing of submissions, professional backgrounds, and witness testimony to determine true
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Supreme Court Warns Against "Hindsight" In Patent Inventiveness Reviews

    The Supreme People's Court has concluded an administrative dispute involving a utility model patent. In its ruling, the Court clarified: If the closest prior art lacks an inherent connection to the technical problem...
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained

    The Supreme People's Court has issued landmark rulings in two patent infringement cases that establish a crucial legal standard for preliminary injunctions issued alongside first-instance judgments. These decisions clarify when and how courts should maintain injunctive relief during the reconsideration stage, particularly when substantive hearings have already established infringement.
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Supreme Procuratorate Releases Typical Case: Hoarding Trademarks And Bulk Enforcement Constitutes Malicious Litigation

    China's Supreme People's Procuratorate has released five landmark cases addressing malicious intellectual property litigation, including a notable trademark infringement case where a Shenzhen company was found to have registered over 600 trademarks without genuine business operations, filing bulk lawsuits to extract undue benefits. The case demonstrates how procuratorial authorities use big data screening and comprehensive investigation to identify and combat trademark hoarding schemes that abuse the judici
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    China's Court-customs IPR Linkage Mechanism - Border Measures In IP Enforcement And Beyond

    The official statistics published by China Customs indicated that, in 2022, it had detained more than 60,000 batches of suspected infringing goods with a total of nearly 80 million pieces of items nationwide.
    ChinaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    The Recently Amended PRC Civil Procedure Law

    The PRC Civil Procedure Law was recently amended during the 28th Session of the Standing Committee of the 11th National People's Congress on 31 August 2012 and the amendments came into effect on 1 January 2013.
    ChinaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    最高人民法院知的財産法廷、グローバルIT・製造大手が関わる重要特許訴訟の開庭予定を公開

    中国の最高人民法院知的財産権法廷が2026年6月に、世界的大企業の核心特許、標準必須特許...
    ChinaIntellectual Property
    Kangxin
    Kangxin
  • Article

    China's SPC Signals Stronger Judicial Action Against Systematic Bad Faith Trademark Filings

    Historically, the primary tools available were administrative procedures: oppositions, invalidations, and non‑use cancellations.
    ChinaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Supreme Court Ruling On Method Patent Infringement: The Assembly And Testing Location As A Valid Basis For Jurisdiction

    The Supreme People's Court has established a significant precedent for method patent infringement cases involving large equipment. When an accused infringer assembles and tests a device that embodies a patented method...
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Supreme Procuratorate Releases Typical Case: Malicious Suit Filed By Concealing Patent Invalidation

    China's Supreme People's Procuratorate has released five typical cases addressing malicious intellectual property litigation, with a landmark design patent case demonstrating how concealing patent invalidation during litigation constitutes bad faith conduct. The case of Individual X v. Company A illustrates the legal consequences when a patent holder knowingly pursues infringement claims after their patent has been declared invalid by Chinese authorities.
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Asset Preservation In Aid Of Litigation And Arbitration In China

    In commercial litigations and arbitration proceedings involving assets in mainland China, asset preservation is a popular tool for the plaintiff/applicant to ensure a future enforcement of judgment or arbitral award.
    ChinaLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Showing 1–20 of 134 results

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