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Franchising in China
Franchising is booming in China, which has formed a unified standard of living in many sectors. Mutual beneficial and positive interaction between the franchisor and the franchisee is important in franchising. However, since foreign franchisors may need to heavily rely on the Chinese franchisees' capital contribution and distribution network to develop their business in China, the positions of franchisors and franchisees are quite different from those in traditional franchising arrangements. This article explores some possible issues that franchisors may encounter when entering the Chinese market.
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Exploration and Development of Arbitration on IP Rights ( Part I of II )
Currently, no IP related disputes are handled through arbitration in China, other than domain name disputes. Yet, laws in many countries allow utilizing arbitration to resolve IP disputes. This article discusses the arbitratability of IPR related disputes under the Chinese laws and the advantages of using arbitration as a means to solve IP disputes between equal parties.
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Comments on How the Third Amendment to the PRC Patent Law Will Affect Patent Infringement Litigation
The Patent Law of the PRC has been amended for the third time, and these amendments will be implemented on October 1, 2009. The amendments to the Patent Law will greatly change how Chinese patent infringement litigations are managed and settled. In addition, to adding several new concepts to the Chinese patent law, the amendments to the Patent Law codify several concepts that the Supreme People' s Court has already implemented through the Chinese judiciary.