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 & ArbitrationHan 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 & ArbitrationHan Kun Law Offices
ArticleChina's Civil Procedure Law Amended 4th Time To Simplify Proceedings13 terms were amended to be compatible with the Civil Code of the PRC effective on January 1, 2022.ChinaLitigation, Mediation & ArbitrationAFD China
ArticleProcuratorial Organs Prosecutes The Most Crimes Concerning IPR Infringement In H1 2021 Over Past 5 YearsThe Supreme People's Procuratorate released data on major cases handled by procuratorial organs throughout the country from January to June of 2021.ChinaLitigation, Mediation & ArbitrationAFD China
ArticlePRC Ministry Of Justice Provides Clarification On Legal Assistance In International Civil And Commercial CasesOn 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 & ArbitrationRajah & Tann
ArticleAmendments Of PRC Civil Procedure Law Aim To Strengthen Efficiency And Transparency Of Chinese Judicial SystemA 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 & ArbitrationDe Brauw Blackstone Westbroek
ArticlePRC Judicial Interpretation On The Application Of Time Limit Under General Provisions Of Civil LawThere 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 & ArbitrationClyde & Co
ArticleCertain 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 CourtThe 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 & ArbitrationHaoLiWen
ArticleSupreme Court Rules: Identifying A Technical Problem Itself May Establish Patent InventivenessThe Supreme People's Court has issued a final judgment in an administrative dispute over the invalidation proceedings against a utility model patent.ChinaIntellectual PropertyAFD China
ArticleChina's Amended Civil Procedure Law Expands Jurisdiction Over Foreign DisputesIn 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 & ArbitrationWinston Taylor
ArticleThe General Provisions Of Civil Law 2017 – A Milestone In China's Legal HistoryOn 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 & ArbitrationClyde & Co
ArticleDifferent Court Approaches To Bankruptcy Claim ObjectionsTo 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-StructuringJingtian & Gongcheng
ArticleThe Recently Amended PRC Civil Procedure LawThe 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 & ArbitrationClyde & Co
ArticleSPC issues Guiding Opinions on handling civil disputes involving COVID-19The 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
ArticleSupreme Procuratorate Releases Typical Case: Malicious Suit Filed By Concealing Patent InvalidationChina'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 PropertyAFD China
ArticleRegulations On Beijing Courts' Jurisdiction Over Intellectual Property Civil CasesBeijing 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 PropertyAFD China
ArticleJudicial Views On Business Practices In Music Festival Performances DisputeWhen 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, EntertainmentEast & Concord Partners
ArticleChinese Legal Developments: Counting the CashThe 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 PropertyCCPIT Patent and Trademark Law Office
Article[CIVIL LAW] Chinese Jurisdiction First: A New Civil Procedure Law In 2024China has a new Civil Procedure Law, which comes into force on 1 January 2024. ChinaLitigation, Mediation & ArbitrationHFG Law & Intellectual Property