Design can still be protected under Anti-unfair Competition Law after the patent expires.
June 01, 2011
Dispute Resolution
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
June 01, 2011The 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.
June 01, 2011With 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
April 05, 2011Recently 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
April 05, 2011Recently 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
April 04, 2011Last 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
March 07, 2011NPC Standing Committee clarifies when a foreign law would apply to a foreign-related civil relationship.
December 14, 2010The codification of China's civil law took a big step forward with Beijing's release of its hallmark statute on conflict rules. The government is now more flexible in dealing with foreign-related civil relationships, but party autonomy limitations are likely to affect judicial practice
December 14, 2010This Law has been formulated in order to clarify the application of laws to foreign-related civil relationships, rationally resolve foreign-related civil disputes and safeguard the lawful rights and interests of concerned parties.
December 14, 2010