In August 2020, the Intellectual Property Court of China’s Supreme People’s Court (SPC) issued, in Huawei v. Conversant (2019), the first-ever conduct preservation order as equivalent to anti-suit injunctions in China’s IP-related litigation.
Insight: China Justice 中国司法洞察
In May 2020, the New South Wales Supreme Court, Australia, ruled in Bao v Qu; Tian (2020), marking the first case for New South Wales of Australia to enforce a monetary judgment made by a Chinese court.
Several Provisions on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Infringement upon the Right to New Plant Varieties (II)
Several Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Infringement upon the Right to New Plant Varieties (II) (最高人民法院关于审理侵害植物新品种权纠纷案件具体应用法律问题的若干规定(二)) were promulgated on 5 July 2021, and entered into force on 7 July 2021.
Two recently issued documents of China’s Supreme People’s Procuratorate (SPP) outline the work processes required for the procuratorates to handle public interest litigation cases.
The day after the promulgation of China’s first Personal Information Protection Law (PIPL), the Supreme People’s Procuratorate vowed to engage actively in public interest litigation for personal information protection.
In 2021, China's Supreme Court's newly issued judicial interpretation on places stricter restrictions on facial recognition technology so as to protect the individuals' facial information.
In 2021, Beijing IP Court confirmed in the final judgment that Jiangling Motors Co. Ltd. engaged in unfair competition by producing and selling Lufeng X7 which was similar to Land Rover’s Range Rover Evoque.
YES, as long as the transaction is for business purposes rather than for consumption purposes, as a local Chinese court rules in Yang v. Yucheng Huayu Machinery Manufacturing Co., Ltd. (2021).
Driven by China's cultural tradition and judicial practice, it is common to see the de facto 6-month cooling-off period in litigation, which may be reinforced by the 'cooling-off period for mutual consented divorce' in the Civil Code.
From the first case confirming the admissibility of blockchain evidence in 2018, to the SPC’s online litigation rules in 2021, China is establishing a blockchain evidence rule system step by step.