Insight: China Justice 中国司法洞察
Recently, the judge who issued the second anti-suit injunction in China wrote an article on the anti-suit injunctions in the standard essential patent (SEP) litigation.
Due to the internationalization of intellectual property right disputes, Chinese companies are more likely to be involved in parallel litigations in multiple jurisdictions around the world thus increasing the risk of Chinese companies encountering anti-suit injunctions.
Can cases be heard asynchronously? The answer is “Yes”. Don't miss the rules of asynchronous trial and electronic evidence, the highlights of China's Supreme Court's newly issued “Online Litigation Rules for People’s Courts” (2021).
Yes, Chinese courts can grant an application for preservation of property in cases enforcing foreign judgments, as shown by a recent case heard by Beijing Fourth Intermediate People's Court.
In October 2020, a court in Shenzhen, China, issued a decision in Guangdong OPPO Mobile Telecommunications Co Ltd v. Sharp Corp. No. (2020), confirming that it had jurisdiction to set global royalty rates for related patents.
China's exports increased dramatically amid the COVID-19 pandemic, with cross-border e-commerce thriving faster than ever and disputes increasing accordingly.
You have two options: to apply for setting aside the arbitral award, or to apply for non-enforcement of the arbitral award.
Yes, answers a local court in Beijing in Liang v. Huifa Zhengxin Technology Co., Ltd. (2021), determining that publication and reproduction of the judgment containing the litigants’ names and facts are not considered a violation of privacy.
In September 2020, a conduct preservation order as equivalent to anti-suit injunctions was issued by a Shenzhen court in ZTE v. Conversant (2018), restraining Conversant from applying to the German court to enforce the German judgment.