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Beijing IP Court Updates Guidelines on Filing Requirements for Foreign Litigants

Tue, 26 Nov 2024
Categories: China Legal Trends

On 17 Oct. 2024, the Beijing Intellectual Property Court (hereinafter the “Beijing IP Court”) held an International Open Day and released the “Guidelines for Handling Supporting Documents Certifying the Subject Qualification in Foreign-related Cases (2024 Edition)” (涉外案件主体资格证明文件办理参考(2024年版), hereinafter the “2024 Guidelines”).

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In December 2023, the Beijing IP Court issued the “Guidelines for Handling Supporting Documents Certifying the Subject Qualification in Foreign-related Cases”, covering six countries. This updated version refines the content and expands the scope to include 18 countries, namely Australia, Brazil, Belgium, Canada, France, Germany, the United Kingdom, India, Italy, Japan, the Netherlands, South Korea, Singapore, South Africa, Spain, Switzerland, the United Arab Emirates, and the United States.

The 2024 Guidelines aligns with the “Civil Procedure Law” and its judicial interpretations, as well as China’s Supreme People’s Court’s (SPC) requirements regarding the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Apostille Convention). Divided into chapters by country, the 2024 Guidelines lists the documents required to certify subject qualifications, as well as notarization and certification procedures, and provide guidance to foreign parties with guidance on preparing notarized and certified materials.

In November 2014, the Beijing IP Court was officially established as one of the first specialized IP courts in China. Over the past decade, the court has concluded nearly 200,000 IP cases, including approximately 34,000 foreign-related cases.

 

 

Photo by Bells Mayer on Unsplash

Contributors: CJO Staff Contributors Team

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