To Obey, Or Not to Obey? A Chinese court skilfully stated that it did not consider unrecognized foreign injunctions in the case of Shenzhen Hongshang Leather Products Co. Ltd. (2017).
On 8 June 2021, China Justice Observer released the 2021 version of List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 72 cases involving China and 24 foreign States and regions.
Foreign investors can request the court to confirm their shareholder status, as shown in Carson Junping Cheng v. Shanghai Niuxinda Import & Export Co., Ltd.(2020), addressing a typical need after China’s Foreign Investment Law lifts certain restrictions.
The damages of more than USD 20 million indicate the Chinese court's determination to strengthen judicial protection for IP rights.
In practice, China's judicial authorities often do not have smooth access to the data of Internet companies.
"No", answers a Shenzhen court in Gao v. Shenzhen Yunsilu Innovation Development Fund Enterprise (2018), ruling to set aside an arbitral award on the ground of public policy, given that cryptocurrency exchanges are banned in China.
China's Supreme Court's latest judicial interpretation (2020) sets out the standards for the application of the Anti-Unfair Competition Law in trade secret infringement cases.