The Supreme People's Court has held that purely OEM goods do not constitute infringement. But while this landmark judgment provides some clarity for brand owners, does it finally put an end to the longstanding debate?
Chinese courts often apply concepts from patent disputes to trade secret litigation due to the latter's lack of legal framework. But while certain parallels exist, this can be problematic due to the innate technical differences between these two types of IP
This article is from the Dispute Resolution chapter of the 2015 Annual Review and is available for download here.Qi Zhou of East & Concord…
The recent clarification of the CIETAC, SHIAC and SCIA jurisdictions can potentially clear the haze, while parties need to be specific in their arbitration clauses and be wary of how continuing tensions can affect disputes
The recent clarification of the CIETAC, SHIAC and SCIA jurisdictions can potentially clear the haze, while parties need to be specific in their arbitration clauses and be wary of how continuing tensions can affect disputes
The SPC has published its annual IP report for 2014. Here is an in-depth look at the top six most notable trademark cases that will help guide lower courts' decisions
The longstanding dispute between SEP licensors and tech companies has peaked with the Huawei v ZTE case in Europe, triggering questions on the right of exclusion and the effectiveness of injunctions. Courts need to strike a balance between IP and competition as the market evolves
The longstanding dispute between SEP licensors and tech companies has peaked with the Huawei v ZTE case in Europe, triggering questions on the right of exclusion and the effectiveness of injunctions. Courts need to strike a balance between IP and competition as the market evolves
This year's report carefully selects 35 typical cases from among the intellectual property and competition cases concluded by the Supreme People's Court in 2014.
