The Wells-China Law & Society Library is aimed at building a collection of books, periodicals, papers, special reports, and any other valuable material on Chinese legal and social development.
Guangdong High People’s Court recently issued a “Working Guideline of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)” (hereinafter referred to as “the Guideline”) on 26 April 2018, which is the most comprehensive guideline for trial of SEP-related disputes in China till now. Theoretically speaking, this Guideline has a binding effect on three major IP courts/tribunals in view of jurisdictional mechanism of SEP-related cases in Guangdong province, including Guangzhou IP Court, Shenzhen IP Tribunal (of Shenzhen Intermediate People’s Court) and Guangdong High People’s Court which is the appellate court of the former two. However, this Guideline actually reflects some widely recognized court practices on SEP-related issues, and will probably be referred to by other courts in China. Interestingly, this Guideline has incorporated rules established in a number of SEP-related cases worldwide, including Huawei v. ZTE (CJEU), Unwired Planet v. Huawei (UK), Motorola v. Microsoft (US), TCL v. Ericsson (US), Iwncomm v. Sony (CN) and Huawei v. Samsung (CN). This article presents some bullet points of this Guideline as well as a few comments from the author.
Nowadays payment service is increasingly interweaving into commerce and the Internet in China. Its role as the last-mile infrastructure provider connecting the two arenas for many business models is increasingly being appreciated by the market. Not long ago, China’s payment sector was, by and large, not accessible to foreign players, although many foreign players wish to enter into the rapidly growing Chinese payment market and many domestic payment service providers wish to have certain foreign participation as a way to gain access to the offshore capital market. This situation may soon be changed with the promulgation of The Announcement Regarding Certain Issues on Foreign Investment in Payment Institutions (the “The Announcement”) by the People’s Bank of China in March 2018. This article will discuss the regulatory barriers for foreign accession to the Chinese payment market prior to the Announcement, key provisions of The Announcement, and the implications for foreign investment in payment industry in China.