China: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
最高检典型案例:抢注字号起诉上市企业被认定恶意诉讼
The Supreme People's Procuratorate released five typical cases of malicious intellectual property litigation, demonstrating how companies exploit trademark registration and legal proceedings to extract unwarranted financial gains. These cases reveal systematic patterns of bad-faith trademark applications targeting established enterprises, where perpetrators register marks similar to well-known brands and immediately initiate costly infringement lawsuits.
China IP
AC
AFD China
Article
Supreme Procuratorate Releases Typical Case: Patent Litigation Abused To Disrupt Competitor's IPO
China's Supreme People's Procuratorate has released five landmark cases addressing malicious intellectual property litigation, with particular focus on a utility model patent dispute between Foshan Company A and Wuxi Company B. The case demonstrates how strategic patent litigation can be weaponized to disrupt a competitor's IPO process, and establishes important precedents for identifying and punishing bad-faith intellectual property claims that harm legitimate business interests and judicial integrity.
China IP
AC
AFD China
Article
【华源原创】从具体案例浅析创造性判断中的“公知常识”认定
In patent examination, the concept of "common general knowledge" frequently appears as a supplementary argument beyond prior art documents. However, disputes surrounding its proper application have become a central focus in patentability challenges, particularly regarding what qualifies as legitimate evidence and how technical specificity must be maintained across different material systems.
China IP
K
Kangxin
Article
《最高人民法院关于审理建设工程施工合同纠纷案件适用法律问题的解释(二)》新旧条文对比分析
China's Supreme People's Court has issued a comprehensive new judicial interpretation for construction contract disputes, effective June 30, 2026. This interpretation fundamentally reshapes key areas including contractor payment rights, quality assurance mechanisms, and priority claim procedures. The new rules significantly restrict direct claims by subcontractors against project owners while strengthening protections for legitimate contractors and migrant workers.
China Commercial
JT
Beijing Jincheng Tongda & Neal Law Firm
Article
Supreme Court: How Should Compensation Be Determined For Continuing Infringement During Prior Litigation?
A Chinese patent infringement case examines whether damages for continuing infringement during prior litigation proceedings should be included in subsequent lawsuits. The Supreme People's Court clarifies the principles for determining damages calculation periods when a patentee files multiple lawsuits against the same infringer, addressing the scope of prior judgments and the treatment of ongoing infringing acts discovered during litigation.
China IP
AC
AFD China
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