Dispute Resolution

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Ting Xu, Associate, Trademark Department

On May 26, 2008, the China Trademark Review and Adjudication Board (“TRAB”) of the State Administration for Industry and Commerce (SAIC) made a decision in favor of Changyu Winery Group, upholding its exclusive use of the mark “cabernet” in Chinese （“解百纳”） as a registered trademark. The decision further found that Changyu established “解百纳”  as one of its trademarks through its use and did not consider “解百纳” the generic name for these cabernet grape varieties.  This means other wineries such as China Great Wall Winery, Dynasty Fine Wines Group Limited and Yantai Weilong Grape Wine Co. are prohibited from using the mark “解百纳”, which may certainly cause damage to these wine makers in marketing their products.
Continue Reading Wine Confusion: Trademark Dispute over Cabernet

Finally, it seems that the first light of dawn in a quieter world has been shown to people who have been continuously bombarded by anonymous messages or phone calls via mobile and other communication channels for private tutoring, apartment sales, and insurance.

On the 25th of August 2008, the 4th Conference of the Standing Committee of the 11th National People’s Congress (NPC) deliberated on The 7th Amendment to the PRC Criminal Law (draft). The Draft is the first time a proposal for providing protection of personal information by imposing criminal charges for violations on such information was put forward. This has raised broad public attention at all levels.

Li Yongmei, associate, Domestic Dispute Resolution

Continue Reading Privacy: New Developments in the Protection of Personal Information

作者：刘军 金杜律师事务所 广州分所 国内诉讼部

2008年3月30日，最高法院公布调整各高级法院和中级法院管辖第一审民商事案件标准，主要从案件标的额方面大幅提高了高级法院和中级法院受理一审民商事案件的门槛，新标准自2008年4月1日起施行。

此次调整将大大减少各高级法院受理一审案件以及最高法院受理二审案件的数量，但同时会导致基层法院受理一审案件数量的激增，相应地中级法院二审案件的办案压力也会一定程度的增大。可以说，新标准的实施后，绝大部分民商事案件的一审、二审工作将由基层法院和中级法院承担。Continue Reading 关于最高法院调整一审民商事案件级别管辖标准的一点看法

Liu Jun, King & Wood’s Guangzhou Office,Domestic Dispute Resolution Practice

On March 30, 2008, a notice was issued by the Supreme People’s Court adjusting the standards for jurisdiction of the high people’s courts and the intermediate people’s courts.The adjustment will reduce dramatically the number of first instance cases tried by the high people’s courts and the Supreme People’s Court, however, it will lead to a huge burden on the basic people’s courts and accordingly the intermediate people’s courts will also see their caseloads increase for cases of second instance. In other words, after the implementation of the new standard, most civil and commercial cases of first and second instance will be charged to the basic and the intermediate people’s courts.The new standard came into force from April 1, 2008…Continue Reading Standards for Cases of First Instance Adjusted by Supreme Court

As of August 1st, Hong Kong and The Mainland were able to recognize and enforce commercial contracts, in accordance with the “Jurisdiction Agreement”  stated in “Arrangement between the Mainland of China and the Hong Kong Special Administrative Region Courts for Mutual Recognition and Implementation of Judgment on Civil-Commercial Cases under Agreement Jurisdiction." 

By Xu Xiaodan, King & Wood’s International Litigation & Arbitration Group

 Continue Reading Crossing the Border Provides No Refuge from the New Mutually Recognized Commercial Contract Law

The “Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes” (“the New Law”) came into force on May 1, 2008. This promulgation has introduced many innovative concepts to Chinese law. The most notable change was the extension of the statutory period for filing arbitration applications in labor disputes.

By Xu Xiaodan,  King & Wood’s International Litigation & Arbitration Group.

Continue Reading Statute of Limitations Extended for Commencing Arbitration in Labor Disputes

Successfully handling rejection reviews, based on a prior similar mark, in the past has proven difficult.  Rather than simply giving up registration of an important trademark, recent China Trademark Review and Adjudication Board (TRAB) decisions indicate that an effective alternative for applicants is trying to reach a co-existence agreement with the owner of the cited…

By: Huang Tao, Partner and Dai Yue , an associate of King & Wood’sDispute Resolution Group in Beijing.

Lacking knowledge of and exposure to China’s judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to specify becomes a sensitive and important aspect of contract negotiations for wholly foreign owned entities ("WOFE") and cooperative joint ventures ("CJV").Continue Reading Forum Shopping in China: Choice of Arbitration Tribunal

作者：李咏梅 金杜律师事务所争议解决组律师

1991年4月9日，第七届全国人民代表大会颁布施行了《民事诉讼法》。2007年10月28日，第十届全国人民代表大会常务委员会做出《关于修改〈中华人民共和国民事诉讼法〉的决定》，形成了《民事诉讼法》第一个修正案，并将于2008年4 月1日起施行。修订后的《民事诉讼法》（“新《民事诉讼法》”）集中解决了原《民事诉讼法》施行过程中矛盾突出的民事案件再审和执行问题，并与2007年 6月1日施行的《企业破产法》统一协调，删除了“企业法人破产还债程序”一章。Continue Reading 《民事诉讼法》修正案简评

By Li Yongmei of King & Wood’s Dispute Resoluton Group

The PRC Civil Procedure Law ("Old Law"), which was promulgated by the seventh National People’s Congress of People’s Republic of China ("NPC") and became effective on April 9, 1991, was amended for the first time on October 28, 2007 on the 13th session of the Standing Committee of the 10th NPC. The amendments to the Old Law ("New Law") came into effect on April 1, 2008. The New Law will reconcile the conflicts of the retrial system and civil enforcement system during the implementation of the Old Law. Also, the amendment have been coordinated with the PRC Enterprise Bankruptcy Law effective as of June 1, 2007, by deleting the chapter titled "Bankrupt Procedures of Enterprise Legal Person".Continue Reading Perfection of Civil Retrial and Enforcement & Consistency among Laws — Amendments to PRC’s Civil Procedure Law