China: Court Procedure

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Article
Practical Implications Of Consumption Restriction On Foreign Legal Representatives Of Chinese Companies
Foreign nationals serving as legal representatives of Chinese subsidiaries face significant practical consequences when their companies fail to comply with court judgments. Consumption restrictions may limit travel options, hotel stays, and other expenditures, while exit restrictions can prevent departure from China entirely. Understanding these enforcement measures and their implications is essential for foreign legal representatives operating in China's business environment.
China Litigation
B
Buren
Article
SPC Ruling: If A Product Loses Money, Does The Company Still Have To Pay The Inventor?
China's Supreme People's Court has issued a landmark ruling on employee invention remuneration, establishing that payment is contingent upon the invention generating actual economic benefits after implementation. The case involved a dispute between a former senior director and his employer over compensation for a pharmaceutical patent, with the court clarifying calculation methods, contribution rates, and the burden of proof in such disputes.
China IP
AC
AFD China
Article
商品类别不同的情况下，法院认定商标侵权的路径分析 -浅析被发回重审的野格维生素能量饮料案（两案）
Two trademark infringement cases involving Jägermeister's energy drink products explore critical questions about cross-category trademark protection in China. When a plaintiff's registered trademark covers different product categories than the defendant's allegedly infringing goods, courts must determine whether to recognize product similarity beyond official classification tables or require proof of well-known trademark status for cross-category protection.
China IP
CP
CCPIT Patent & Trademark Law Office
Article
Stability, Progress, And A Farsighted Vision In Arbitration Law (2025 Revision)
China's revised Arbitration Law of 2025 introduces groundbreaking reforms that enhance internationalization, standardize industry practices, and elevate arbitration to equal status with litigation. This comprehensive analysis examines the law's key innovations—including the adoption of seat-based jurisdiction, formal recognition of ad hoc arbitration, and expanded technological integration—while identifying potential regulatory gaps that may impact cross-border dispute resolution.
China Litigation
JTJB International Lawyers
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
Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained
The Supreme People's Court has issued landmark rulings in two patent infringement cases that establish a crucial legal standard for preliminary injunctions issued alongside first-instance judgments. These decisions clarify when and how courts should maintain injunctive relief during the reconsideration stage, particularly when substantive hearings have already established infringement.
China IP
AC
AFD China
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