On 30 Oct. 2022, China’s legislature, the Standing Committee of the National People’s Congress, ratified the “Treaty between the People’s Republic of China and the Republic of Ecuador on Judicial Assistance in Criminal Matters” (中华人民共和国和厄瓜多尔共和国关于刑事司法协助的条约), which was signed by representatives of the People’s Republic of China in Beijing on 12 Dec. 2018.
Cover Photo by Jaime Dantas on Unsplash
Contributors: CJO Staff Contributors Team
China Releases Typical Cases of Private Fund Crimes
In December 2023, China's Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP) jointly released five typical cases of private fund crimes, aiming to establish uniform standards for handling such crimes nationwide and combatting criminal activities within the private fund sector.
China's Typical Cases of Public Interest Litigation for Cultural Relics Released
In December 2023, China's Supreme People's Procuratorate (SPP) released eight typical cases of public interest litigation targeting cultural relics protection, demonstrating concerted efforts to preserve cultural heritage through legal means.
China Revises Patent Law Implementation Regulations
In December 2023, China updated its patent law implementation regulations, introducing revisions to enhance the design patent system, and to clarify patent term extensions.
In December 2023, China’s Supreme People's Court issued its 39th batch of guiding cases focused on intellectual property rights, covering various aspects such as IPR infringement disputes, patent ownership, and copyright ownership.
SPC Releases Judicial Interpretation on Contract Law
In December 2023, China's Supreme People's Court issued a judicial interpretation on the Contract section of the Civil Code, aimed at guiding courts in adjudicating disputes and ensuring nationwide consistency in application.
Beijing International Commercial Court issued guidelines elucidating the application of the HCCH 1961 Apostille Convention in China, aiming to clarify procedures for parties unfamiliar with the Convention and to enable faster, more cost-effective, and more convenient cross-border document circulation.
China Introduces New Drunk Driving Convictions Standards Effective 2023
In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.
Chinese Court Issues World’s First Global 5G FRAND Rate Judgment
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
SPC's Revised Rules Extend Reach of International Commercial Courts
In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.
Beijing IP Court Guidelines: Certifying Subject Qualification Documents
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.