Intellecutal Property Law

Leveling the Playing Field: Chinese Courts'  Practice of Anti-suit Injunction in Standard Essential Patent Area

Wang Jiaqi

China Law Update | 13 Tsinghua China L. Rev. 381 (2021)


Starting from reviewing two standard essential patent (the "SEP") related cases in which the Chinese courts issued the anti-suit injunctions, this note categorizes the approaches applied by the Chinses courts into two folds, the substantial one and the formal one. In this note, the substantial approach, which is a progressively embracing of law and economics analysis, can satisfy the need for the emergence of more pro-implementor judicial forums to rebalance the asymmetrical negotiation power between the patentees and the implementors.


Civil Law

China's Recent Civil Law Codification in the High-tech Era: History, Innovations, and Key Takeaways 

Dessie Tilahun Ayalew

China Law Update | 13 Tsinghua China L. Rev. 149 (2021)

On May 28, 2020, in its third session, the 13th National People’s Congress (hereinafter the “NPC”) adopted the Chinese Civil Code (hereinafter the “CCC”). The CCC represents a milestone in the modernization of the Chinese socialist legal system. China uses the continental legal system, where the codification of laws is a key attribute. Though seemingly paradoxical, the CCC is the first codified law in China — except for the Six Codes promulgated by the Kuomintang, for which legal drafters of that era modeled on European legal codes. The CCC is also the hard-won result of the Chinese Communist Party’s (hereinafter the “CPC”) political commitment to such codification. During its 19th National Congress, the CPC declared the codification of the CCC an important step in Chinese people’s pursuit of a better life, as well as in the promotion of socialism with Chinese characteristics for a new era.