Interview: Patrick Dransfield
Patrick Dransfield, Principal of Clearway Communications and Co-Founder of the Managing Partners’ Club, explains in this interview why he has had success in forging strong relationships with private practitioners and in-house counsels at various corporations across Asia, the Middle East, and the United Kingdom. In addition, he shares his thoughts about where the legal industries in emerging markets are heading.Read more
Guiding Case No. 109
Image: Kevin Casper, San Jose Costa Rica, Publicdomainpictures.net
In February 2019, the Supreme People’s Court of China released Guiding Case No. 109 and five other Guiding Cases to illustrate how Chinese courts handled issues related to the country’s Belt and Road Initiative. Guiding Case No. 109 specifically shows the Supreme People’s Court’s firm adherence to legal rules and principles that protect the value of the “payment on demand” system of independent guarantees.Read more
反垄断法与知识产权：给予中国法院更多的指导
Image: Den Rise/Shutterstock.com
除了指导性案例，法律从业者、企业高管和其他利益相关者绝不能忘记典型案例。典型案例是另一类中国最高人民法院可以发布的有代表性的案例，以指导中国法院的审判。什么是典型案例？为什么它们很重要？Read more
Anti-Monopoly Law and Intellectual Property
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Apart from China’s Guiding Cases, legal practitioners, business executives, and other stakeholders must not forget about Typical Cases, another category of representative cases that the Supreme People’s Court of China can release to guide Chinese courts’ adjudication. What are Typical Cases? Why are they significant?Read more
2022年中国反垄断体系
2022年是《中华人民共和国反垄断法》颁布15周年。2021年11月下旬，中国就该法修正案向社会征求意见的工作结束。除了有望看到此重要的国家法律的新版本之外，2022年还可能会出现哪些与该法律相关的司法发展？Read more
China’s Antitrust System in 2022
2022 marks the 15th anniversary of the issuance of the Anti-Monopoly Law of the People’s Republic of China. In late November 2021, China’s solicitation of public comments on its proposed amendment to this law came to an end. Apart from the prospect of seeing a new version of this important national law, what judicial developments related to this law will likely occur in 2022?Read more
中国法院、人工智能和指导性案例
中国在人工智能应用于裁判方面的政策目标是什么？ 这篇丝络谈™ 简讯 告诉您答案，并解释了为什么指导性案例对于实现这一目标很重要。Read more
Courts in China, AI, and Guiding Cases
What is China’s policy goal regarding the application of artificial intelligence to adjudication? This piece of SINOTALKS.COM In Brief tells you the answer and explains why Guiding Cases are important to the accomplishment of this goal.Read more
在中国保护权利：被告的举证责任
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在推出丝络谈™（SINOTALKS.COM）仅几天后，熊美英博士便开始出版名为丝络谈™ 简讯（SINOTALKS.COM In Brief）的双周通讯。此通讯的目标是阐明中国法律和政策，以便读者能够针对与中国相关的问题制定循证策略。Read more
Protecting Rights in China
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Only a few days after the launch of SINOTALKS.COM, Dr. Mei Gechlik began publishing a biweekly newsletter titled SINOTALKS.COM In Brief. The goal for this newsletter is to demystify Chinese law and policy so that readers will be able to craft evidence-based strategies for their China-related issues.Read more
Guiding Case No. 160
Image: Heru Purwanto, Pomelo On The Tree, Publicdomainpictures.net
Guiding Case No. 160 addresses a fundamental issue: when rights to a new plant variety are granted, what falls within the scope of protection? According to China’s legislation, propagation materials of the plant for which variety rights have been granted are clearly protected. Yet, what are “propagation materials”? Unfortunately, no definition can be found in China’s legislation. Guiding Case No. 160 fills the legal gap by setting the criteria for such determination.Read more
中国越趋关注保护植物新品种权
Image: George Hodan, Agriculture, Publicdomainpictures.net
中国最高人民法院发布指导案例92号、100号和160号，明确该国立法和司法解释尚未解决的植物新品种权保护的基本问题。然而，本文分析指出，这三个指导性案例的指导原则已经被纳入最高人民法院最新的植物新品种司法解释。考虑到这一点，这些指导性案例是否基本上已经失去了重要性？熊美英博士解释了为什么答案是否定的并讨论了相关的含义。Read more
China’s Growing Focus on the Rights to New Plant Varieties
Image: George Hodan, Agriculture, Publicdomainpictures.net
The Supreme People’s Court of China released Guiding Case Nos. 92, 100, and 160 to clarify fundamental issues related to the protection of rights to new plant varieties that were left unanswered by the country’s legislation and judicial interpretations. Yet, have these three Guiding Cases essentially lost their significance, considering that their guiding principles, as analyzed in this article, have already been incorporated into the Supreme People’s Court’s latest judicial interpretation related to new plant varieties? Dr. Mei Gechlik explains why the answer is negative and discusses related implications. Read more
Guiding Case No. 100
Image: Lilla Frerichs, Indian Corn 1, Publicdomainpictures.net
Before the release of Guiding Case No. 100, the Supreme People’s Court of China released Guiding Case No. 92 to establish this principle: in a case involving infringement of rights to a new plant variety, when the related DNA fingerprinting test result cannot provide a clear answer, the allegedly infringing party, i.e., the defendant, has the burden to prove that the allegedly infringing plant is different from the plant for which variety rights have been granted. Guiding Case No. 100 shows what the defendant can do to meet this burden of proof.Read more
Interview: Tom Tong
Image: kai Stachowiak, Background, Publicdomainpictures.net
Tom Tong, an international partner of Locke Lord LLP, recently founded Lawmato, an app that enables lawyers to provide online consultation to consumers, including individuals and small businesses, anywhere in the world via the robust audio/video communication capacities of the app. Apart from explaining how Lawmato has the potential to change the legal services industry, Mr. Tong draws on his more than 20 years of experience acting as liaison between U.S. and Chinese firms to share his insights about different challenges in doing deals in China and in the United States.Read more
