UPDATES & VIEW
By Chen, Fei and Jiao, Yuxin, ZY Partners
Demystifying China’s Intellectual Property Jurisdiction: Does the New Supreme Court Jurisdiction Rule Present a “Mere-glance” Guideline?
The 3rd. Division of the PRC Supreme Court announced a new set of rules on 21 April 2022 concerning Provisions on Jurisdiction of Intellectual Property Civil and Administrative Cases of First Instance（”Jurisdiction Rules” ）. The new Jurisdiction Rules represents a new round of endeavor of the PRC Supreme Court to cope with the complications arising from the chronicle problem of contradictory and often opaque rules of intellectual property jurisdiction. Said jurisdictional rules of the Supreme Court is to take effective on 1 May 2022.
Chen Fei, Associate Attorney at ZY Partners
Should Perjury Bow Low to King Clause in the PRC Courts? -- the PRC Supreme Court Hum and Hawed in Guiding Case No. 82.
Could one be benefited from perjury in the PRC courts? Do not be shocked if you happen to find out that the answer is an unbelievable “yes”. Though perjury is a crime punishable by the PRC Criminal Law, however, perjury under the criminal penal code is limited to curb conduct of perjury relevant only to the criminal procedure, leaving the gate for perjury wide open and unpunishable in the PRC civil proceedings
Chen Fei, ZY Partners
Antitrust Warning from the Chinese Supreme Court on Settlement between Pharma Patentee and Generic Challenger in Patent Invalidation Proceedings
ZY Contributed the Article International Cooperation in Cross-Border Insolvency to INSOL World at the Invitation
At INSOL(国际破产协会)’s invitation, Attorneys Mr. Zhou Qiang and Ms. Deng Huiqiong contributed to the magazine INSOL World. The article entitled ‘International Cooperation in Cross-border Insolvency-- A View from PRC Mainland Lawyers’ (跨境破产国际合作—中国内地律师视角), has been published in the second issue of INSOL World 2021. The article introduced the current applicable laws and regulations for cross-border insolvency and the problems arising, as well as the mainland judicial practices in recognition and enforcement of foreign insolvency judgments or orders from the perspective of practicing lawyers in the mainland, and then proposed suggestions on approaches to international cooperation for insolvency practitioners. The article provides practical legal guidance on solutions of China's cross-border bankruptcy issues.