China: Court Procedure

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Article
Service Of Process In Cross-Border Litigation: Comparing U.S. And UPC Practice (Part 1)
Cross-border litigation presents unique challenges when serving process on foreign defendants, particularly for Chinese companies facing U.S. federal or Unified Patent Court proceedings. Understanding the fundamental differences between common law and civil law approaches to service, along with the requirements of the Hague Service Convention, is essential for protecting procedural rights and ensuring the enforceability of judgments.
China Litigation
Purplevine IP
Article
Service Of Process In Cross-Border Litigation: The Hague Service Convention And Practice In China, Hong Kong And The Cayman Islands (Part 2)
Chinese enterprises with offshore structures in Hong Kong and the Cayman Islands face unique service-of-process challenges when sued in U.S. courts. This analysis examines how the Hague Service Convention operates across Mainland China, Hong Kong SAR, and the Cayman Islands, revealing critical differences in postal service availability and procedural flexibility that can determine whether companies receive timely notice of litigation.
Worldwide International
Purplevine IP
Article
Supreme Procuratorate Releases Typical Case: Malicious Suit Filed By Concealing Patent Invalidation
China's Supreme People's Procuratorate has released five typical cases addressing malicious intellectual property litigation, with a landmark design patent case demonstrating how concealing patent invalidation during litigation constitutes bad faith conduct. The case of Individual X v. Company A illustrates the legal consequences when a patent holder knowingly pursues infringement claims after their patent has been declared invalid by Chinese authorities.
China IP
AC
AFD China
Article
Patent Inventiveness In China: Why “Common Knowledge” Must Be Proven, Not Assumed
A 2025 Supreme People's Court ruling establishes that patent examiners cannot arbitrarily label technical features as "common knowledge" without evidence, requiring holistic evaluation of distinguishing features rather than segmented analysis. The decision clarifies that integrated technical solutions must be assessed as a whole, with the burden of proof firmly on those challenging inventive step.
China IP
EI
Eagle IP
Article
Recognition And Cross-class Protection Of Well-known Trademarks In China
Well-known trademark protection provides expanded safeguards for brands with high reputation and influence, yet malicious trademark squatting and cross-class imitation pose growing challenges. This analysis examines a landmark Beijing Intellectual Property Court case involving a luxury automobile brand to illuminate the recognition criteria for well-known trademarks and the application of cross-class protection under China's 2019 Trademark Law.
China IP
CP
CCPIT Patent & Trademark Law Office
Article
Supreme Court Ruling: Misappropriating Others' Technical Work For Patents Violates Attribution Rights
The Supreme People's Court has issued a landmark ruling on inventor attribution rights in patent disputes, establishing clear standards for proving substantive creative contribution. In a case where a chip architecture engineer discovered his technical work had been used without permission in four patent applications filed by a colleague from another department, the court examined evidence including technical documents, timing of submissions, professional backgrounds, and witness testimony to determine true
China IP
AC
AFD China
Article
贪污贿赂犯罪自首认定规则的突破与调适——以《贪污贿赂司法解释（二）》为中心
自首作为我国刑法规定的法定从宽量刑情节，兼具激励行为人认罪悔罪、节约司法资源的双重价值。《刑法》第六十七条第二款规定了准自首制度——“被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯，如实供述司法机关还未掌握的本人其他罪行的，以自首论”。
China Criminal
JT
Beijing Jincheng Tongda & Neal
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