Many recommend including an arbitration clause in commercial contracts with Chinese companies, given the challenges foreign companies face in the PRC courts. What must I include in the clause to ensure my company is protected from potential disputes? What is the model arbitration clause?
The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun
Many foreign companies are being attacked by Chinese companies for payment under guarantee fraud claims. Peng Shen and Ying Wu explain how devising a comprehensive dispute resolution strategy is key to avoid and manage these risks
Recent cases involving Taobao, Baidu and Tudou have shown the courts' desire to improve IP protection online by increasing the obligations of internet service providers to deal with infringing content