Dispute Resolution

The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

Two dispute resolution specialists offer their insights on how to handle bringing a Chinese manufacturer to court and how to avoid a similar situation in the future.

The ICC's newly-launched arbitration rules provide guidance for the Chinese and address complex arbitrations

PRC litigation can be risky for the unwary investor and one challenge is presented by China's exit restriction regime. Foreigners associated with a company involved in a dispute can be prevented from leaving China if certain conditions are met

Design can still be protected under Anti-unfair Competition Law after the patent expires.

Foreign investors should consider opting to resolve disputes through Chinese domestic arbitration commissions as there is little chance that PRC courts will recognise or enforce internationally-awarded interim measures

The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

With a comprehensive mediation regime now established by the government, foreign parties should be aware of how judicial mediation is part of the litigation procedure and that judges can play a dual role over the course of a case

Recently released judicial interpretations from the Supreme People's Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights