Category Archives: News of China

The latest judicial efforts of China Law-court in improving the business environment

Chinese courts have been ordered to improve the business environment by protecting intellectual property and the legitimate rights of entrepreneurs as well as by safeguarding data security, including that dealing with personal information.

While highlighting civil litigation’s role in economic and social development, a report by the Supreme People’s Court, China’s top court, also demanded courts across the country strengthen IP- and entrepreneur-related case hearings to better the business environment through rule of law.

The report was submitted to the bimonthly session of the National People’s Congress Standing Committee, the country’s top legislature, for review on Oct 15.

To keep up with the rapid development of the digital economy and the internet, “we need to intensify efforts in educating judicial talent in hearing new types of civil disputes, including those on IP, the internet, finance and foreign-related commerce,” Zhou Qiang, the president of the top court, said when explaining the report to lawmakers.

Given that some cases involving new technologies such as unmanned driving, digital currency and robot writing lack a sound legal basis, Zhou suggested the legislature make laws or explanations to help judges solve such problems.

The report said 13.85 million civil cases were filed by Chinese courts last year, up from 7.78 million in 2013, with more related to the internet, IP, finance, bankruptcy, the environment, foreign-related commerce and maritime issues.

From 2013 to June, about 92.02 million civil disputes were heard by Chinese courts, with 89.2 million having been concluded, it said.

To increase the efficiency of handling disputes, courts across the country explored various new approaches in case hearing, such as opening three internet courts to streamline the processing of internet-related cases and applying more technologies in case filing, trials and the enforcement of rulings, it added.
Lawyer Jingzhan-Wang from Tianjin Bozhuan Law Firm said, China court has made great efforts in protecting the entrepreneur and improving the business environment, even thought there is still some aspects in which change is needed to make judicial actions more tranparent.

SPC published eight typical cases concerning the interests of crew members in maritime disputes

BEIJING — China’s Supreme People’s Court (SPC) has published eight typical cases concerning the interests of crew members in maritime disputes to encourage consistency in court rulings on such issues.

The cases published by the SPC cover various issues, including disputes over the employment contracts of crew members, maritime liens and personal injuries caused by ship collisions.

The SPC said that given the large proportion of crew member-related disputes in overall maritime cases, it is important to offer guidance to courts to ensure that similar cases get similar rulings.

The Birth of Civil Code of China

China’s Civil Code adopted at national legislature

BEIJING — Chinese lawmakers on May 28 voted to adopt the country’s long-expected Civil Code at the third session of the 13th National People’s Congress, the top legislature.

The Civil Code will take effect on Jan. 1, 2021. Continue reading

Lawsuit of Jordan vs. Qiaodan Sportwear

China Supreme Court heard a case of administrative lawskuit of trademark brought by the US basketball superstar Michael Jordan and against China Intelletual Property Bureau whereas the Qiaodan Sportswear as third party who is the stakeholder in nature.

Jordan had accused Qiaodan Sportswear Co. , which is located at Jinjiang, Fujian Province,  of using his name without grant, as he believes “Qiaodan” to be a Chinese transliteration of “jordan,” but the Trademark Appraisal Committee (TAC) of the State Administration for Industry and Commerce rejected jordan’s 2012 appeal to cancel the company’s trademarks.

In the trial of first instance by Beijing Intermediate law court and sencond instance by Beijing higher law court, Michael Jordan lost.

However in the retrial procedure, the Supreme court of China held the opinion that the name of Jordan had been well-known in China, it’s not only in the field of basketball, but also extended to other fileds as a public figure.The registration of a disputed trademark is not an act that disturbs the order of trademark registration, harms the public interest, improperly occupies public resources, or otherwise seeks improper benefits, and does not belong to “other improper means” stipulated in Article 41 (1) of the Trademark Law. The retrial applicant also did not provide evidence that the registration of the disputed trademark was obtained by deception or other improper means. Therefore, the Court does not support the retrial applicant’s application for further examination of the registration of the disputed trademark in violation of the provisions of Article 41 (1) of the Trademark Law.

Thus the supreme court made the final decision to revoke the judgement of the the Beijing Intermediate court and Beijing higher court, meanwhile order the Intellectual Property Bureau of the State to make a renewed arbitration.

Extension of Time on Anti-dumpling Investigationon of Methionine Origin

According to the regulations of the people’s Republic of China on anti dumping, on April 10, 2019, the Ministry of Commerce issued the annual Announcement No. 16, deciding to conduct anti-dumping investigation on the import of methionine originating in Singapore, Malaysia and Japan.

In view of the complexity of the case, according to Article 26 of the anti dumping regulations of the people’s Republic of China, the Ministry of Commerce decided to extend the investigation period of the case for six months, that is, the deadline is October 10, 2020.