Preliminary Injunctions in China: the Pendulum Has Swung Back! | Kluwer Patent Blog. Author Benjamin Bai, head of Allen & Overy’s China IP practice and a member of the US CERC’s IP Experts Group recently succeeded in obtaining a patent-based preliminary injunction in China, his third in the last year. Here he describes two of the patent PIs and two trade-secret PIs – observing that Chinese courts have changed their posture in a significant and very positive way with regard to preliminary injunctions.

Mark Cohen’s ChinaIPR blog points to a very interesting Practical Law (Thomson Reuters) analysis of its survey (free sign in required) on the use of governing law for China-related agreements which reveals trends in choice of law for foreign-related IT and IP contracts in China.

China IPR - Intellectual Property Developments in China

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Practical Law (Thomson Reuters) has recently made available its analysis of a survey  (free sign in required) on the use of governing law for China-related agreements which reveals trends in choice of law for foreign-related IT and IP contracts in China.

In my own experience, if you require enforcement in China, choosing a foreign court (other than arbitration) to resolve a dispute, or a non-Chinese law for a dispute in China, is often a mistake.  The survey data generally agrees: it shows that if local enforcement is going to be an issue for an IP or IT contract, the majority of respondents will choose Chinese law.

The Chinalawblog put the general proposition it this way: “China’s laws do technically allow for contracting parties [in transnational transactions] to make their own decisions regarding a contract’s governing language and law, but in the practical world of Chinese litigation, having an English language…

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