New provisions from the Supreme People's Court demonstrate the government's cognisance of the increasing complexity in settling disputes involving foreign-invested enterprises.
The Provisions address the issues of the application of law concerning disputes arising in the course of the establishment, the modification, etc. of foreign-invested enterprises, which mainly include the validity of contracts without approval and its legal consequences, equity confirmation, equity transfers and equity pledges.
With the re-emergence of Sino-foreign joint ventures, lawyers must draft contracts that better position investors in anticipation of disputes with partners
The Report selects 37 intellectual property cases on which the Supreme People's Court has rendered final conclusive opinions addressing issues such as the application of the doctrine of estoppel, retroactive effect of a decision declaring a patent invalid and determination of the legitimate use of a descriptive trademark.