China: Court Procedure

Subscribe
Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Supreme Procuratorate Releases Typical Case: Hoarding Trademarks And Bulk Enforcement Constitutes Malicious Litigation
China's Supreme People's Procuratorate has released five landmark cases addressing malicious intellectual property litigation, including a notable trademark infringement case where a Shenzhen company was found to have registered over 600 trademarks without genuine business operations, filing bulk lawsuits to extract undue benefits. The case demonstrates how procuratorial authorities use big data screening and comprehensive investigation to identify and combat trademark hoarding schemes that abuse the judici
China IP
AC
AFD China
Article
Supreme Procuratorate Releases Typical Case: Malicious Suit Filed By Concealing Patent Invalidation
China's Supreme People's Procuratorate has released five typical cases addressing malicious intellectual property litigation, with a landmark design patent case demonstrating how concealing patent invalidation during litigation constitutes bad faith conduct. The case of Individual X v. Company A illustrates the legal consequences when a patent holder knowingly pursues infringement claims after their patent has been declared invalid by Chinese authorities.
China IP
AC
AFD China
Article
Supreme Court Ruling: Misappropriating Others' Technical Work For Patents Violates Attribution Rights
The Supreme People's Court has issued a landmark ruling on inventor attribution rights in patent disputes, establishing clear standards for proving substantive creative contribution. In a case where a chip architecture engineer discovered his technical work had been used without permission in four patent applications filed by a colleague from another department, the court examined evidence including technical documents, timing of submissions, professional backgrounds, and witness testimony to determine true
China IP
AC
AFD China
Article
最高法判决:发现技术问题本身,可以赋予专利创造性
The Supreme People's Court issued landmark rulings on two patent disputes that establish new standards for determining patent validity and scope of protection. In one case, the court ruled that discovering a non-obvious technical problem can establish inventiveness even when using conventional solutions, while in another, it clarified how to properly interpret dependent claims that are substantively independent from their parent claims.
China IP
AC
AFD China
See more