Dispute Resolution

Chinese court rules against an AI platform for copyright infringement for the first time; the U.S. Department of Commerce opens consultation for the restrictions on Chinese electrical vehicles; and Chinese IP Court imposes punitive damages to stop seed IP infringement

Chunhui Harry Fang, Xinyu Li, Xiaoxiao Gao and Daji Duan of Jingtian & Gongcheng Law Firm discuss the year's major legislative and judicial developments in 2023 with respect to civil and commercial dispute resolution in China

2023 was a significant year for the development of legislation and case law on intellectual property rights in China, as explored by Aggie Liu, Partner, and Hao Meng, Associate, from FenXun, which operates a joint legal platform with Baker McKenzie in China

SPC clarifies application of international practice in foreign-related civil and commercial cases

Current sanctions, the risk of future sanctions, and foreign investment controls are some of the increasingly prominent challenges facing merger & acquisition (M&A) deals involving Chinese parties this year. While there is no universal solution for each transaction, there are still ways parties and lawyers can minimize the risk of problems arising.

People's Court clarifies liability for breach of non-compete clauses

China restricts export of personalized push services based on AI algorithms; JD.com wins anti-monopoly case with record damages; and China amends Criminal Law to increase punishment for corruption

The U.S. issues renewed national security legislation focusing on defense contracts with Chinese military companies; China amends its Company Law to strengthen the rights of shareholders; and China's top court set up a case database to standardize adjudication across the country.

Public may no longer be able to access court rulings as CJO database might be closing; Analysts worry a new CSRC draft might lead to problems with start-up financing; and China proposes a four-tier classification system to deal with data breaches