By He Wei and Wang Yaxi of King & Wood Dispute Resolution Group

When a domain name is in conflict with the prior rights of others (e.g. the trademark rights, the rights of the company name, etc.), there are two approaches of settling the disputes: 1) the prior right holder may file a complaint to one of two domain name dispute resolution centers, or 2) the prior right holder may bring an action to the court or refer the dispute to arbitration. For the sake of efficiency and cost control, the prior right holder will typically seek a resolution from a domain name dispute resolution center(1)("DNDRC"), on the condition that the disputed domain name has been registered for less than two years.

 

Continue Reading Bridging DNDRC Decision and Judicial Judgment on Domain Name Dispute

By Susan Ning, Liu Jia and Angie Ng

On 25 April 2011, the Supreme People’s Court (the Court) published draft rules which govern Anti-Monopoly Law (AML) private actions (Draft Rules)1.   These Draft Rules are entitled "Provisions on Issues Concerning the Application of Law in relation to Trials of Monopoly Civil Dispute Cases".  The Court will consult on these Draft Rules till 1 June 2011.

We note that these Draft Rules provide for applicants to file "joint" applications with others against respondents.  This article outlines what the Draft Rules say about joint applications and outlines how this interacts with the joint application regime pursuant to China’s Civil Procedure Law.

 

Continue Reading AML Class Actions and The Draft Litigation Rules

By Denning Jin, Helen Chen of King & Wood’ s Dispute Resolution Group and Shanghai Office

Background

A number of automobile design patent infringement cases have been brought to Chinese courts in recent years, such as Honda v. Hebei Shuanghuan, FIAT PANDA v. Great Wall PERI, Neoplan v. Beijing Zhongtong Xinghua Automobile Selling Co., Ltd., et al. The hallmarks of these cases are not only the high value of the damages claimed and the importance of the outcomes which are dispositive to the market structure, but also the malleability of rule of law in the field of design patent infringement determination.

Continue Reading PRC Supreme People’s Court: Clarified Design Patent Infringement Determination

By Susan Ning, Shan Lining, Ji Kailun and Liu Jia

 

On 25 April 2011, the Supreme People’s Court (the Court) published draft rules which govern Anti-Monopoly Law private actions (Draft Rules).  These draft rules are entitled "Provisions on Issues Concerning the Application of Law in relation to Trials of Monopoly Civil Dispute Cases".

 

This article outlines the salent provisions of, and points to some interesting features of, these Draft Rules.

Continue Reading A Further Look At The Draft Rules Governing AML Private Actions

By Susan Ning, Yin Ranran

On 25 April 2011, the Supreme People’s Court issued for public comments draft rules which govern civil action in relation to Anti-Monopoly Law (AML) disputes.  These rules are entitled "Provisions on Issues Concerning the Application of Law in the Trial of Monopoly Civil Dispute Cases"("Draft Rules").  Prior to the release of these Draft Rules, there haven’t been any detailed rules in relation to AML civil action.  The court will consult on this Draft Rules till 1 June 2011.

The Draft Rules contain 20 articles covering jurisdiction, standing of plaintiffs, burden of proof, evidentiary rules, relationship of antitrust administrative investigations and the judicial process, form of civil liabilities and the statute of limitations.  The objective of these Draft Rules is to ensure proper adjudication of civil monopoly disputes cases, prevent monopolistic conduct, protect fair competition in the market and safeguard the interests of consumers and public interest.

Continue Reading Supreme People’s Court Issues Draft Rules Governing Private Actions under the Anti-Monopoly Law

By Richard W. Wigley of King & Wood’s Intellectual Property Group

Today in China, in conjunction with World IP Day 2011, numerous governmental agencies will actively begin a week-long promotion of the role of intellectual property in the nation’s economy, according to Han Xiucheng of the State Intellectual Property Office (“SIPO”)1. Such efforts are to be lauded, but it is well known that copyright piracy rates in China are still significantly higher (80-90+%, depending on the type of work) than those seen in developed countries, such as the United States. Copyright piracy results from a combination of factors, including not only the effectiveness of the enforcement regime, but also from consumers’ attitudes toward pirated works. There has been a shift in recent years in China away from pirated works and toward legitimate works, but this shift has been slow due to a variety of reasons. Into this dynamic, it is valuable to look at some of the most recent efforts of the P.R.C. government to reduce copyright piracy across China.

Continue Reading World IP Day 2011 in China Shows Progress in Copyright Protection, though Challenges Remain

By Jeff Lane of King & Wood’s Dispute Resolution Group

"Combating bribery is about common sense …….." – UK Lord Chancellor, Kenneth Clarke

On 1st July, 2011, the long awaited Bribery Act will come into force. The Act, together with its Guidance Notes represents a major overhaul of the UK’s anti bribery legislation and creates one of the most comprehensive anti-corruption regimes anywhere in the world.

Continue Reading The UK Bribery Act of 2010 Will Have Widespread Implications for Global Companies

By Susan Ning and Yin Ranran

On 2 April 2011, the National Development and Reform Commission (NDRC) hosted a conference with 17 industry associations (relating to businesses selling major consumer products such as household electrical appliances, food, beverages and dairy products) in Beijing.  Specifically, the NDRC’s Price Department and Economic and Trade Department convened the conference as an effort to address the recent price hikes in commodities (see our articles entitledPrice Hikes for Washing Powders, Soaps and Shampoos Expected in April and Businesses Should Be Cautious in Making Advance Price Increase Announcement ). 

The NDRC hosted conference was also regarded as an effort of NDRC to address China’s increasing consumer price index (CPI) – which is a major indication of the rate of increase of inflation in China.  According to data released by the National Bureau of Statistics on April 15, China’s CPI rose 5.4% in March 2011 (from a year ago), hitting a 32-month high.
 

Continue Reading NDRC Held Talks with 17 Industry Associations

By Susan Ning, Liu Jia and Angie Ng

It’s been slightly over a month since the enactment of a national security review (NSR) process for foreign acquisitions of domestic businesses.  Thus far, it is not clear how many (if any at all) foreign-local deals have undergone the NSR process,  Pursuant to the rules and regulations1  which govern the NSR process, there is no obligation on the part of the Chinese government to publish any determinations (whether deals are approved or not) in relation to deals which undergo the NSR process.

Continue Reading Local commerce administrative agencies and the national security review process

By Richard W. Wigley and Xu Jing of King & Wood’s Intellectual Property Group

Among the most frequent questions posed by overseas corporate counsel overseeing litigation involving their companies in P.R.C. courts are those questions relating to evidence collection. For the attorneys from the United States, those questions will often focus upon the "discovery" practices of P.R.C. courts. As they come from a litigation environment which often has liberal discovery options, it often comes as a surprise to foreign attorneys – especially U.S. attorneys – that the P.R.C. legal system has no direct equivalent to U.S.-style discovery practices. Collecting the required evidence in support of litigation in the P.R.C. is subject to very different guidelines from those guidelines of many foreign jurisdictions. This article will take a very brief look at evidence collection practices in the P.R.C. and offer some potential alternatives in the P.R.C. to "discovery" practices.

Continue Reading Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation