For international buyers operating in China, contract disputes present unique challenges that require careful navigation of the local legal landscape. Our recent experience with a breach of contract case offers valuable insights into this complex process. Overview of the Breach of Contract Case While we always strive to work with dependable and responsible suppliers, sometimes […]

In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that […]

Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information – Ruling From Supreme People’s Court Referenced Case Database Summary of the Court Ruling If a non-compete agreement restricts an employee from pursuing a job in which they excel or have expertise during the specified period, and this significantly affects their livelihood and employment opportunities, the application of such restrictions must […]

We have recently participated in multiple trademark non-use cancellation cases for foreign companies. We highly advise trademark owners in China to conduct regular audits of their portfolios to identify which trademarks may be vulnerable to non-use cancellation challenges and to develop strategies to mitigate this risk. As of the end of 2023, China has a […]

The protection of trademarks in China can be a challenging area for many outside the country. Despite recent changes to provide overseas brands with greater rights in case of disputes, parties claiming infringement often need to pursue their cases to the highest courts in order to stop the infringing party. Continuous and persistent enforcement is […]

The only post-employment restrictive covenant explicitly stipulated under the PRC labour laws is the non-compete restrictive covenant. The employer and the employee may agree on other restrictive covenants, such as non-solicitation restrictive covenants. Restrictive covenants including non-compete clause, non-solicitation, etc. are commonly used in practice. In PRC Employment Contract Law, there is no express definition […]