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5 things to know about Alibaba counterfeit lawsuit: http://t.co/8qzG5wvvqB Alibaba says Kering has no grounds to sue: http://t.co/zoYz2TGmUj

May 19 2015 01:47 ·  reply ·  retweet ·  favourite
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Breaking: #Netflix in talks with Jack Ma-backed Wasu to enter #China http://t.co/1xeHEOEuNy follows the #Tencent + #HBO move

May 15 2015 04:08 ·  reply ·  retweet ·  favourite
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Our translation of the 2015 Foreign Investment Catalogue is now up: http://t.co/E81HRB8ht3 keeping track of #China's #FDI developments

May 14 2015 08:40 ·  reply ·  retweet ·  favourite

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A question of strategy

There is more to dispute resolution in China than meets the eye. By making strategic choices, foreign businesses can maximise their chances of winning anti-monopoly and IP disputes

Date: 08 February 2012

Keywords (click to search): dispute resolution AML intellectual property

Foreign businesses and their legal advisers often discuss how to weigh different dispute resolution methods such as mediation, arbitration and litigation to better protect their interests in China. They seem to have little understanding of other important options such as administrative review and administrative litigation, let alone considering carefully how these options could be used strategically to handle anti-monopoly and intellectual property issues.

Anti-monopoly disputes

The implications of this issue for anti-monopoly disputes are significant, as reflected in Article 53 of the 2007 PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML). The provision stipulates, among other things, that if a business operator is dissatisfied with a decision made by agencies in charge of investigating monopolistic acts such as "monopoly agreements reached between business operators" and "abuse of dominant market position by business operators", the business operator "may apply for administrative review or lodge an administrative lawsuit according to law [author’s note: this means...


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