Dispute Resolution

The SAIC retains authority to pursue administrative legal liability even after settlement of the trademark dispute, if the infringement is injurious to public or consumer interests.

Joint venture disputes are a fact of life in China. But they can be avoided with some careful planning to structure the joint venture contract to account for the common pitfalls in doing business in China.

The recent trademark case involving Toyota and a domestic auto manufacturer was widely seen as a test case of the strength of intellectual property law in China. Here one of the participants in the case gives an assessment of the court's decision.

State enterprise reform is an urgent issue facing the Chinese government. Among the important legislation issued in 2003 in this area are provisions from the Supreme People's Court that govern disputes involving enterprise restructuring.

Chinese maritime law and legal practice are gradually coming into conformity with international practice. However one key area that remains unclear is the legal status of the straight bill of lading.

New SPC rules on disputes over futures trading focus on the primacy of contractual issues, and form a counterpoint to legislation that traditionally has focused on regulating the futures industry at the macro-level.

Courts in China have been taking the lead in interpreting China's intellectual property laws so as to meet international standards. Shanghai Municipality has recently made its own contribution with an Opinion on strengthening IP rights in foreign businesses.

Parties seeking to resolve disputes in China have a choice of arbitration institutions in an increasingly competitive environment. China's best-known arbitration commission has issued new rules to expedite the resolution of financial disputes, which it hopes can keep it ahead of the competition.

By Mitch Dudek, Alex Wang & Chenbo Zhang, Jones Day, ShanghaiSince 1979, Chinese products have been the subject of more than 300 anti-dumping investigations…