On July 6, 2021, the European Union filed an “Article 63.3” request at the WTO requesting further information on four SEP cases in China. publication of these importance cases will benefit all parties through increased transparency and disclosure of how China has evolved its policy in this contentious area.
China’s New Blocking Statute Comes into Effect
The NPC passed China’s new blocking statute, the Anti-Foreign Sanctions Law 中华人民共和国反外国制裁法 on June 10, 2021. The Law provides support for the delegation of power to enable lower-level agencies to implement sanctions measures. As the Law is vaguely worded, State Council agencies are likely to have considerable discretion in implementing it. Of particular concern to multinational companies, the Law also covers spouses and immediate family members as well as officers of listed sanctioned entities.
Programs Past and Present
For those who missed them, are the video recording to some recent events: On April 27, 2021 BCLT hosted our third annual “Tech Trade and China” program. The focus this year was […]
Three SPC Reports Document China’s Drive to Increase its Global Role on IP Adjudication
Three reports released during IP week at the end of April separately reflect Chinese judicial plans to issue Anti-suit injunctions, increase global influence, and play a role as a global IP norm setter.
Recent Recordings and Upcoming Programs
Here is a listing of recordings of some recent programs that are now available as well as a listing of upcoming events. The Third Berkeley-Tsinghua Conference on Transnational IP Litigation was held […]
China’s Evolving Case Law On ASI’s
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 […]
Unwired Planet and the Role of Chinese Courts: A Perspective from Shenzhen
This is the second article on recent research on Chinese IP law and practice. The focus of this blog is a widely read article of Judge Zhu Jianjun, Shenzhen Intermediate Court, Intellectual […]
Due Process and ASI’s: Wuhan and Texas
There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
Wuhan and Anti-Suit Injunctions
Wuhan, China is currently a destination jurisdiction for anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI). Although the first AASI was issued in a Wuhan maritime case in July 2017, the IP judiciary […]
China IPR - Intellectual Property Developments in China 