Notwithstanding China’s civil law tradition, China’s use of anti-suit injunctions (ASI’s) in FRAND disputes has begun to be selected for adoption into the body of “typical cases” 典型案例 that may be referred […]
MofCOM’s New Blocking Rule: A Dangerous Weapon or a Necessary Remedy?
On January 9, 2021, MofCOM released the Measures to Block the Improper Extraterritorial Application of Foreign Laws and Measures, (Docket Number 1)(中华人民共和国商务部令 二〇二一年 第1号)(the “Rule”). The Rule was promulgated with “approval from […]
Second Annual Berkeley-Tsinghua Transnational IP Litigation Conference Is Fast Approaching
Berkeley Law and Tsinghua law will be co-hosting their Second Annual Conference on Transnational IP Litigation, at the campus of UC Berkeley on October 22, 2019. Details, including registration information, are available here. […]
Across the Fault Lines: Chinese Judicial Approaches to Injunctions and SEP’s
As has been noted in the media, on April 26, 2018, the Guangdong High People’s Court (GHC) promulgated the Trial Adjudication Guidance for Standard Essential Patent Dispute Cases (the “Guangdong Guidance”). The […]
Of Trade Secrets, Section 337, AUCL Reform and Evidence Production
When faced with trade secret misappropriation, the United States International Trade Commission can provide a forum for U.S. companies faced with unfair competition resulting from the misappropriation, even if the “theft” occurs […]
Stealing IP from the Steel Sector?
Michael Komesaroff, a Sinologist and mining engineer based in Australia, has published an interesting article on the website of the Center for Strategic and International Studies on “Make the Foreign Serve China: […]
The SPC’s “Top Two” Dueling IPR Cases
The Supreme People’s Court (SPC) recently released its ten top cases for IP week at the end of April. Perhaps the most striking was the inclusion of the high-profile trade secret case […]