Dispute Resolution

Two years after the CIETAC split, unresolved issues such as inconsistent court rulings and confusion over enforcement still remain. Parties are advised to clearly specify the desired institution in their arbitration clauses

The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court

Many recommend including an arbitration clause in commercial contracts with Chinese companies, given the challenges foreign companies face in the PRC courts. What must I include in the clause to ensure my company is protected from potential disputes? What is the model arbitration clause?

The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun

Llinks Law Offices

Issued: July 16 2014 Main contents: Where a legal action is instituted in respect of the infringement of a utility model patent or design…

The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.

This year's report has derived 39 law application issues with general guiding significance from 30 carefully selected typical cases.

Llinks Law Offices