China: Trials & Appeals & Compensation

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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
反向工程抗辩的误区与澄清——最高院案例解读系列⑪
在技术秘密侵权诉讼中，“反向工程抗辩”是被诉侵权人最常援引的免责事由之一。其基本逻辑是：既然权利人已将含有技术秘密的产品投放市场，任何第三人均可通过购买该产品并加以拆卸、测绘、分析而获知其技术信息，则该技术信息不构成技术秘密，或者即便构成技术秘密，被诉侵权ߟ
China IP
AB
AnJie Broad Law Firm
Article
Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained
The Supreme People's Court has issued landmark rulings in two patent infringement cases that establish a crucial legal standard for preliminary injunctions issued alongside first-instance judgments. These decisions clarify when and how courts should maintain injunctive relief during the reconsideration stage, particularly when substantive hearings have already established infringement.
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
Article
首例反外国制裁侵权诉讼案及东莞中院闻泰科技案评析
Chinese enterprises are increasingly leveraging the Anti-Foreign Sanctions Law to combat discriminatory restrictions imposed by foreign jurisdictions. Two landmark cases demonstrate how companies can pursue legal remedies when foreign sanctions disrupt contractual obligations and corporate control, establishing precedents for protecting legitimate business interests against extraterritorial measures.
China International
JT
Beijing Jincheng Tongda & Neal Law Firm
Article
The Principle Of Holistic Assessment Of Inventiveness In Light Of Technical Feature Synergy
The Supreme People's Court has issued a landmark ruling clarifying that patent inventiveness must be assessed holistically, considering all technical features and their coordination relationships together rather than evaluating each feature in isolation. This decision addresses a critical methodological question in patent examination: how should reviewing bodies properly evaluate the inventive contribution of interconnected technical features to avoid the trap of hindsight reasoning?
China IP
AC
AFD China
Article
Punitive Damages In Intellectual Property Civil Cases
China's Supreme People's Court has issued a comprehensive 2026 Interpretation that fundamentally reshapes the punitive damages landscape for intellectual property disputes. The new framework introduces stricter procedural requirements, clearer standards for proving intentional infringement, and detailed methodologies for calculating damages multipliers. How will these refined rules impact litigation strategy and enforcement outcomes for rights holders operating in China's evolving IP regime?
China IP
SF
Spruson & Ferguson
Article
SPC Released Guiding Cases On Boosting Judicial IP Protection For Technological Innovation
China's Supreme People's Court has released seven guiding cases that establish new precedents for intellectual property protection, addressing critical issues from trade secret theft through employee poaching to malicious patent litigation. These landmark rulings introduce detailed enforcement mechanisms, clarify liability standards for online seed sales platforms, and strengthen remedies for copyright holders facing evidence obstruction.
China IP
PP
Panawell & Partners
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