Dispute Resolution

Prior art defence in patent litigation: A legal quagmire?
The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

China question: How do I initiate litigation for a breach of contract?
Two dispute resolution specialists offer their insights on how to handle bringing a Chinese manufacturer to court and how to avoid a similar situation in the future.

The new ICC rules: What is next for the Mainland arbitration community?
The ICC’s newly-launched arbitration rules provide guidance for the Chinese and address complex arbitrations

Permission denied: The curious case of exit restrictions in Chinese commercial litigation
PRC litigation can be risky for the unwary investor and one challenge is presented by China’s exit restriction regime. Foreigners associated with a company involved in a dispute can be prevented from leaving China if certain conditions are met

Turning a blind eye to internationally-awarded interim measures
Foreign investors should consider opting to resolve disputes through Chinese domestic arbitration commissions as there is little chance that PRC courts will recognise or enforce internationally-awarded interim measures

Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Legislation Digest]
最高人民法院知识产权案件年度报告 (2010) (摘要)
Design can still be protected under Anti-unfair Competition Law after the patent expires.

Clarity for company disputes
Recently released judicial interpretations from the Supreme People’s Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights

Conflict management
With a comprehensive mediation regime now established by the government, foreign parties should be aware of how judicial mediation is part of the litigation procedure and that judges can play a dual role over the course of a case

Handling foreign investment disputes
Last year, the PRC Supreme People’s Court adopted a consistent approach to conflicts involving the establishment and modification of foreign-invested enterprises. However, uncertainties remain on various issues of remedies and dormant shareholders