China: Court Procedure

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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
How To Sue A Chinese Company
Mainland Chinese courts do not enforce U.S. judgments, making litigation against Chinese companies complex. Understanding jurisdiction requirements, service of process protocols under the Hague Convention, discovery limitations, and the strategic advantages of arbitration versus court proceedings in China is essential for foreign companies seeking to recover damages or enforce contractual obligations against Chinese entities.
China Litigation
HS
Harris Sliwoski
Article
Practical Implications Of Consumption Restriction On Foreign Legal Representatives Of Chinese Companies
Foreign nationals serving as legal representatives of Chinese subsidiaries face significant practical consequences when their companies fail to comply with court judgments. Consumption restrictions may limit travel options, hotel stays, and other expenditures, while exit restrictions can prevent departure from China entirely. Understanding these enforcement measures and their implications is essential for foreign legal representatives operating in China's business environment.
China Litigation
B
Buren
Article
商品类别不同的情况下,法院认定商标侵权的路径分析 -浅析被发回重审的野格维生素能量饮料案(两案)
Two trademark infringement cases involving Jägermeister's energy drink products explore critical questions about cross-category trademark protection in China. When a plaintiff's registered trademark covers different product categories than the defendant's allegedly infringing goods, courts must determine whether to recognize product similarity beyond official classification tables or require proof of well-known trademark status for cross-category protection.
China IP
CP
CCPIT Patent & Trademark Law Office
Article
从两个案例看参数限定的妙用 —— 把“怎么做”变成“是什么”
Patent practitioners often struggle with method claims due to enforcement challenges. This article explores how converting method inventions into product claims using parameter features can significantly strengthen patent protection and simplify infringement evidence collection, illustrated through detailed case studies of polyurethane polishing pads and polyarylene ether copolymers.
China IP
K
Kangxin
Article
Stability, Progress, And A Farsighted Vision In Arbitration Law (2025 Revision)
China's revised Arbitration Law of 2025 introduces groundbreaking reforms that enhance internationalization, standardize industry practices, and elevate arbitration to equal status with litigation. This comprehensive analysis examines the law's key innovations—including the adoption of seat-based jurisdiction, formal recognition of ad hoc arbitration, and expanded technological integration—while identifying potential regulatory gaps that may impact cross-border dispute resolution.
China Litigation
JTJB International Lawyers
Article
【华源原创】从具体案例浅析创造性判断中的“公知常识”认定
In patent examination, the concept of "common general knowledge" frequently appears as a supplementary argument beyond prior art documents. However, disputes surrounding its proper application have become a central focus in patentability challenges, particularly regarding what qualifies as legitimate evidence and how technical specificity must be maintained across different material systems.
China IP
K
Kangxin
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
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