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  • Article

    内地与香港司法协助的新突破—简析《最高人民法院关于内地与香港特别ඡ

    此前,内地与香港之间在调查取证方面并未建立制度性的安排,在实践过程中一直以个案处理的方式进行相关协助调查取证工作。近日,最高
    ChinaLitigation, Mediation & Arbitration
    Han Kun Law Offices
    Han Kun Law Offices
  • Article

    敬请阅读《汉坤专递》(2017年3月份第119期)

    Welcome to Han Kun's Monthly Newsletter (Issue 119 - March 2017). In this month's edition, we look at..
    ChinaLitigation, Mediation & Arbitration
    Han Kun Law Offices
    Han Kun Law Offices
  • Article

    《民法总则》简要评析

作为未来中国民法典之开篇之作,《中华人民共和国民法总则》(以下简称"《民法总则》")于2017年3月15日获十二届全国人大五次会议表决通过,
ChinaLitigation, Mediation & Arbitration
Han Kun Law Offices
Han Kun Law Offices
  • 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

    Procuratorial Organs Prosecutes The Most Crimes Concerning IPR Infringement In H1 2021 Over Past 5 Years

    The Supreme People's Procuratorate released data on major cases handled by procuratorial organs throughout the country from January to June of 2021.
    ChinaLitigation, Mediation & Arbitration
    AFD China
    AFD China
  • Article

    PRC Ministry Of Justice Provides Clarification On Legal Assistance In International Civil And Commercial Cases

    On 24 June 2022, the Ministry of Justice of the People's Republic of China published an article in Question & Answer format in respect of legal assistance in international civil and commercial cases.
    ChinaLitigation, Mediation & Arbitration
    Rajah & Tann
    Rajah & Tann
  • 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

    PRC Judicial Interpretation On The Application Of Time Limit Under General Provisions Of Civil Law

    There was therefore uncertainty in the application of the time limit as well as the retrospective effect of the 3-year time limit, which led to the SPC's clarification.
    ChinaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • 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 Rules: Identifying A Technical Problem Itself May Establish Patent Inventiveness

    The Supreme People's Court has issued a final judgment in an administrative dispute over the invalidation proceedings against a utility model patent.
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    China's Amended Civil Procedure Law Expands Jurisdiction Over Foreign Disputes

    In early September 2023, the Standing Committee of the National People's Congress adopted an amendment to China's Civil Procedure Law (the Amendment). The Amendment will go into effect on January 1, 2024.
    ChinaLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    The General Provisions Of Civil Law 2017 – A Milestone In China's Legal History

    On 15 March 2017, The PRC General Provisions of Civil Law (the General Provisions) were formally adopted at the 5th Session of the 12th National People Congress of the People's Republic of China.
    ChinaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Different Court Approaches To Bankruptcy Claim Objections

    To protect the legitimate rights and interests of both debtors and creditors in bankruptcy proceedings, if they disagree with any bankruptcy claim on the checklist of creditors' rights,...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • 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

    SPC issues Guiding Opinions on handling civil disputes involving COVID-19

    The SPC Guiding Opinions are not law, but courts are expected to use them as reference for COVID-19-related claims.
    ChinaCoronavirus (COVID-19)
    R&P China Lawyers
    R&P China Lawyers
  • 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

    Regulations On Beijing Courts' Jurisdiction Over Intellectual Property Civil Cases

    Beijing Higher People's Court issued the Regulations on Adjusting Beijing Courts' Jurisdiction over Intellectual Property Civil Cases to further define the scope of jurisdiction of Beijing courts over civil cases...
    ChinaIntellectual Property
    AFD China
    AFD China
  • Article

    Judicial Views On Business Practices In Music Festival Performances Dispute

    When music festivals are cancelled shortly before their scheduled dates, disputes frequently arise between organizers and performers over contractual obligations and financial liability.
    ChinaMedia, Telecoms, IT, Entertainment
    East & Concord Partners
    East & Concord Partners
  • Article

    Chinese Legal Developments: Counting the Cash

    The Chinese government has realised the importance of the patent system in promoting the innovation of technologies and has taken certain measures and steps to enhance the protection of patent rights.
    ChinaIntellectual Property
    CCPIT Patent and Trademark Law Office
    CCPIT Patent and Trademark Law Office
  • Article

    [CIVIL LAW] Chinese Jurisdiction First: A New Civil Procedure Law In 2024

    China has a new Civil Procedure Law, which comes into force on 1 January 2024.
    ChinaLitigation, Mediation & Arbitration
    HFG Law & Intellectual Property
    HFG Law & Intellectual Property
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