China University of Political Science and Law (LexBlog China)

  On 14 Dec. 2023, the Chongqing First Intermediate People’s Court issued a first-instance judgment on a standard essential patent (SEP) dispute between OPPO and Nokia,  siding with OPPO’s arguments. The judgment affirmed the global fair, reasonable, and non-discriminatory (FRAND) rates for Nokia’s 2G-5G standard essential patents, and set the global cumulative rates for the...

  Can I sue Chinese companies in France and then enforce a French judgment in China? You probably don’t want to travel so far away as to file a lawsuit in China. You may just want to take your case to the court on your doorstep because you are more familiar with your home country....

  In order to help parties in better understand how Chinese courts will apply the HCCH 1961 Apostille Convention, the Beijing International Commercial Court (BICC) has prepared the “Understanding and Application Guidelines for the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents” (《取消外国公文书认证要求的公约》理解适用诉讼指引, hereinafter the “Guidelines”). On 8 Mar. 2023, China...

On 19 Dec. 2023, the Beijing Intellectual Property Court issued the Guidelines for Handling Supporting Documents Certifying the Subject Qualification in Foreign-related Cases.The Guidelines is available in both Chinese and English. The Guidelines explains in detail the authentication procedures for relevant documents in combination with the relevant contents of the Convention on the Abolition of..

On 1 Dec. 2023, the Shanghai Justice Bureau (SJB) granted registration to the Korean Commercial Arbitration Board Shanghai Center (hereinafter the “KCAB Shanghai Center”). The KCAB Shanghai Center becomes the first foreign arbitration institution to establish a business presence in Shanghai, following the World Intellectual Property Organization (WIPO) Arbitration and Mediation Shanghai Service,...

On 18 Dec. 2023, China’s Supreme People’s Court (SPC) issued the “Decision on Amending the Provisions of the Supreme People’s Court on Several Issues Concerning the Establishment of International Commercial Courts (CICC)” (关于修改的决定). The decision took effect from 1 Jan. 2024. According to the amended provisions, the CICC may now have jurisdiction over the first-instance...

On 23 Nov. 2023, the Standing Committee of the Shanghai People’s Congress adopted the “Regulations on the Promotion of the Establishment of the International Commercial Arbitration Center in Shanghai” (上海市推进国际商事仲裁中心建设条例, hereinafter the “Regulations”). Article 20 of the Regulations provides that: Shanghai will explore the possibility of agreeing to conduct ad hoc arbitration in Shanghai for...

On 1 Dec. 2023, a local court in Shanghai issued an investigation order for an arbitration institution, marking the first instance of Chinese courts providing such an order to assist an arbitration institution. The Shanghai Arbitration Commission (SHAC) accepted a case involving a dispute over an industrial property purchase agreement, which required the retrieval of...

Key Takeaways: In the field of recognition and enforcement of foreign judgments (REFJ), the 2023 Civil Procedure Law (CPL) improves the rules with an open and inclusive attitude, aiming to enhance the handling of REFJ cases with transparency and standardization and to promote cross-border circulation of judgments. The 2023 CPL, in Art. 300, for the...

On 30 Nov. 2023, China’s Supreme People’s Court (SPC) released typical cases of punitive damages for food safety. The SPC published these cases to help consumers in safeguarding their rights in food safety. Art. 148, Para. 2 of China’s Food Safety Law stipulates that, in addition to claiming damages, a consumer may require a producer...

Key Takeaways: The 2023 CPL’s systematic framework for taking of evidence abroad reflects proactive measures by Chinese courts to tackle enduring obstacles in civil and commercial litigation, ultimately streamlining legal proceedings and improving efficiency. The Fifth Amendment allows for innovative methods like using instant messaging devices for evidence collection, with consent from both...

On 21 Oct. 2023, China’s Supreme People’s Court (SPC) issued “Decisions to Amend the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” (关于修改最高人民法院关于知识产权法庭若干问题的规定的决定). Related Posts: The First Year Performance of the SPC Intellectual Property Court SPC Releases 2022 Annual Report on Intellectual Property Protection by Chinese Courts According to.

In November 2023, China’s Beijing Internet Court ruled that the author owns the copyright to AI-generated images (Li v. Liu (2023) Jing 0491 Min Chu No. 11279). On 24 Feb. 2023, the plaintiff Li used the open-source software Stable Diffusion to create images through prompt-based input and subsequently shared the image on social media. On...

On 30 Nov. 2023, China’s Supreme People’s Procuratorate (SPP) released the “Report on the Procuratorates’ Crackdown on Telecom and Online Fraud and Related Crimes (2023)” (检察机关打击治理电信网络诈骗及其关联犯罪工作情况(2023), hereinafter the “Report”). According to the Report, from January to October 2023, procuratorates nationwide filed charges against over 34,000 individuals involved in telecom and online fraud,...

Key Takeaways: The 2023 CPL adopts a problem-oriented approach to reforming the service of process in foreign-related cases, aiming to address difficulties by expanding available channels and shortening the service by publication period. The inclusion of more entities accepting service of process on behalf of others and the introduction of flexible methods of service signal...

Key Takeaways: The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts. The 2023 CPL expands Chinese courts’ jurisdiction over foreign-rel

On 17 Dec. 2023, China’s State Council issued the “Regulation on the Supervision and Administration of Non-Banking Payment Institutions” (非银行支付机构监督管理条例, hereinafter the “Regulation”), which will come into effect on 1 May 2024. In this Regulation, non-banking payment institutions refer to entities established within China, other than banking financial institutions, that have obtained a payment...

On 1 Nov. 2023, China’s Supreme People’s Court (SPC) issued the “Notice Concerning the Establishment of a National Database of Court Judgments” (关于建设全国法院裁判文书库的通知, hereinafter the “Notice”). According to the Notice, the SPC will establish a national database of court judgments. The highlights of the Notice are as follows. Uploaded documents in the database shall be...

On 24 Nov. 2023, the Minister of China’s Ministry of Justice (MOJ), He Rong, mentioned in Beijing that China has now signed bilateral judicial assistance treaties with 86 countries and treaties on the transfer of sentenced persons with 17 countries. Minister He Rong further indicated that China handles over 300 requests for international judicial assistance...

On 14 Dec. 2023, China’s State Council issued the “Regulation on Human Organ Donation and Transplantation” (人体器官捐献和移植条例, hereinafter the “Regulation”), which will come into effect on 1 May 2024. The Regulation applies to organ donation and transplantation within China, excluding the donation and transplantation of cells, corneas, bone marrow, and other human tissue. The Regulation...

Key takeaways: In September 2023, the Shanghai Third Intermediate People’s Court ruled to recognize of the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor ((2021) Hu 03 Xie Wai Ren No.1). This marks not only the first time that China has recognized a Japanese court’s decision in a...

On 29 Nov. 2023, the Beijing High People’s Court released the “White Paper on Beijing Courts Specialized Trial of Intellectual Property Cases for Three Decades (1993-2023)” (北京法院知识产权专业化审判三十年白皮书(1993-2023), hereinafter the “White Paper”). In addition to the Chinese version, this White Paper is also available in English, indicating a strong intention to broaden international understanding of the...

On 1 Dec. 2023, China’s Supreme People’s Court (SPC) issued the “Interpretation on Several Issues Concerning the Application of the Law of the People’s Republic of China on the Application of Laws to Foreign-Related Civil Relations (II)” (Fa Shi [2023] No. 12, “关于适用〈中华人民共和国涉外民事关系法律适用法〉若干问题的解释（二）” , hereinafter the “Interpretation (II)”). Interpretation (II) specifically addresses the...

Key takeaways: In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v....

Can I sue Chinese companies in Singapore and then enforce a Singaporean judgment in China? This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below. You probably don’t want to travel so far away as to file...

In November 2023, the Beijing High People’s Court released the “White Paper on the Trial of Crimes Violating Citizens’ Personal Information by the Beijing High People’s Court (2018-2023)” (北京市高级人民法院侵犯公民个人信息犯罪审判白皮书(2018-2023), hereinafter the “White Paper”). According to the White Paper, since 2018, the Beijing courts have concluded a total of 229 cases involving the crime of violating...

On 21 Nov. 2023, China’s Supreme People’s Court (SPC) released the 38th batch of guiding cases, which comprises five cases all involving environmental protection of the Yangtze River. The release of these guiding cases by the SPC aims to guide courts nationwide in implementing the “Yangtze River Protection Law” (长江保护法), thereby transforming legislation into judicial...

On 23 Nov. 2023, Tian Xin, Director of the Lawyer’s Work Bureau of China’s Ministry of Justice (MOJ), highlighted during a series of theme-based press conferences held by the State Council Information Office that the number of overseas branches of Chinese law firms has surged by 47.5% compared with that of 2018 so far. Chinese...

On 25 Oct. 2023, China’s Supreme People’s Procuratorate (SPP) released the primary case data of procuratorates nationwide for the first three quarters of this year. In criminal cases from January to September 2023, procuratorates nationwide approved and decided to arrest a total of 520,000 criminal suspects of various kinds; 392,000 were not arrested, resulting in...

On the morning of 14 Nov. 2023, the 2023 Asia-Pacific Regional Arbitration Group (APRAG) Conference commenced in Beijing. The theme of the Conference is “International Arbitration in Changing Times: Meeting Challenge, Bridging Divide”. In her speech, the Minister of China’s Ministry of Justice (MOJ) He Rong stated that the MOJ is advancing the establishment of a pilot project...