Dispute Resolution

• Arbitration boost for China as foreign centers set up shop

  The HKIAC, SIAC and ICC have opened rep offices in the Shanghai Free Trade Zone, a move that lawyers hope will raise the bar for Chinese and foreign-related disputes

  March 31, 2016

  

• Supreme People's Court, Implementing Measures for the Pilot Project for the Trial by People's Courts of Public Interest Litigation Cases Instituted by People's Procuratorates

  最高人民法院人民法院审理人民检察院提起公益诉讼案件试点工作实施办法

  People's procuratorates may institute public interest cases.

  March 10, 2016

• What the latest OEM ruling means for trademark owners

  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?

  February 04, 2016

• Understanding the courts' approach to trade secret cases

  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

  January 07, 2016

  

• Handling disputes, trade secrets as data rules tighten

  Practitioners highlight the importance of advance preparation for litigation and arbitration, as well as a careful approach to IP, as data risks grow

  December 04, 2015

  

• Keeping up with the courts

  争议庭的新常态

  This article is from the Dispute Resolution chapter of the 2015 Annual Review and is available for download here.Qi Zhou of East & Concord…

  October 14, 2015

• The Supreme People's Court sets arbitration boundaries

  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

  October 08, 2015

• The Supreme People's Court sets arbitration boundaries

  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

  October 08, 2015

• Top trademark cases of 2014 explained

  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

  September 15, 2015

• SEP lessons learned from Huawei v ZTE

  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

  August 25, 2015