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China’s New Guiding Cases on IP and anti-unfair competition

Summer is here but the China Guiding Cases Project (“CGCP”) is not resting!

NEW GUIDING CASES ARE AVAILABLE. The seventh batch of GCs was justreleased. This batch includes China’s first two GCs on anti-unfair competition law, one of which is the longest GC. This batch is unusual in that its GCs were not released on the same day (To see more analysis, please refer to Guiding Cases AnalyticsTM by clicking here).

NOW RECRUITING new CGCP Editors and CGCP Junior Fellows. We have different roles for Chinese and English native speakers. Knowledge of Chinese is preferred but not required. IT knowledge and website development skills are greatly valued. For more information,seehttps://cgc.law.stanford.edu/volunteer/.

SHARING OUR GOOD WORK. Thanks to many parties’ support, our director Mei Gechlikhas had the opportunities to speak about the CGCP and GCs at various institutions over the past several months. They include Princeton University, University of Pennsylvania, New York University, Georgetown University, Chinese University of Hong Kong, and the Stanford Club in Hong Kong.

PLEASE DONATE & “LIKE” US. We cannot sustain our good work without your financial support. Kindly make a giftat https://makeagift.stanford.edu/give/home?mop=CC&gfty=G&pgnTPC=75&stp=212&gdso=5&tgso=6&cturl=close&olc=18125 and stay connected with us  via LinkedIn, Twitter, Sina Weibo, and our mailing list: https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.

Thank you for your support!

The English translations of Guiding Cases Nos. 23- 25 are available now!

We are pleased to release the English translations of Guiding Cases Nos. 23 through 25. The cases are:

 

  • RONG Baoying v. WANG Yang and Alltrust Insurance Co., Ltd. Jiangyin Branch, A Motor Vehicle Traffic Accident Liability Dispute, CHINA GUIDING CASES PROJECTEnglish Guiding Case (EGC24), Apr. 4, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-24.

 

  • Huatai Property & Casualty Insurance Co., Ltd. Beijing Branch v. LI Zhigui and Zhangjiakou Subbranch of Tianan Property Insurance Company Limited of China Hebei Provincial Branch, An Insurer’s Subrogation Right Dispute, CHINA GUIDING CASES PROJECTEnglish Guiding Case (EGC25), Apr. 4, 2014 (Express Edition), available athttp://cgc.law.stanford.edu/guiding-cases/guiding-case-25.

 

The above cases, together with Guiding Case No. 26, were included in the sixth and latest batch of Guiding Cases released by the Supreme People’s Court! The English translation of Guiding Case No. 26 and a related commentary were released by CGCP earlier.

We would also like to thank the World Justice Project for promoting our work: http://www.worldjusticeproject.org/opportunity-fund/china-guiding-cases-project-5.

Our good work would not have been possible without your help and support. To better deliver our products to enhance the understanding of China’s guiding cases system, we need your help to upgrade our website. If you like our products, please make a gift at https://makeagift.stanford.edu/give/home?mop=CC&gfty=G&pgnTPC=75&stp=212&gdso=5&tgso=6&cturl=close&olc=18125. Any amount of support is immensely appreciated!

To keep updated about our future products, please subscribe to our mailing list by visitinghttps://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject. You may also connect with us via LinkedInTwitter, andSina Weibo.

Thank you for your support!

First Guiding Case on Open Government Information and Related Commentary

We are pleased to release three new products:

  1. The English translation of Guiding Case No. 26, the first guiding case on open government information: LI Jianxiong v. Department of Transport of Guangdong Province, A Case About Open Government Information, China Guiding Cases Project, English Guiding Case (EGC26), Mar. 12, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-26 .
  2. A Commentary:  Mei Gechlik and DAI Di, Guiding Case No. 26 and China’s Open Government Information System, China Guiding Cases Project, Mar. 12, 2014, available at http://cgc.law.stanford.edu/10-gechlik-and-dai  .
  3. A Chinese law summary on Foreign Investment Laws http://cgc.law.stanford.edu/english-law-summaries/foreign-investment-law/ .

Our recent release of the Guiding Cases AnalyticsTM has been gaining traction! Thank you! Guiding Cases AnalyticsTM analyzes trends in the Guiding Cases selected and released by China’s Supreme People’s Court and identifies important issues for further study.

We are also proud to be identified as an “expertise support group” by the United Nations Development Program.  Our good work would not have been possible without your help and support.  To better deliver our products to enhance the understanding of China’s guiding cases system, we need your help to upgrade our website.  If you like our products, please make a gift at https://makeagift.stanford.edu/give/home?mop=CC&gfty=G&pgnTPC=75&stp=212&gdso=5&tgso=6&cturl=close&olc=18125.  Any amount of support is immensely appreciated!

To keep updated about our future products, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  You may also connect us via LinkedIn, Twitter, and Sina Weibo.

Thank you for your support!

CGCP launches the Guiding Cases Analytics!

We are excited to launch the Guiding Cases AnalyticsTM!

Guiding Cases AnalyticsTM analyzes trends in the Guiding Cases selected and released by China’s Supreme People’s Court and identifies important issues for further study. Expected to be an essential supplement to the qualitative analysis of cases, Guiding Cases AnalyticsTM will help deepen our understanding of China’s court system and case law.

The first round of quantitative analysis completed by Guiding Cases AnalyticsTM shows some interesting trends and issues. For instance, compared with other Guiding Cases, the first Guiding Case on patent law (No. 20) and the first Guiding Case on food safety law (No. 23) provide more detailed reasons. Most cases selected for release as Guiding Cases are about two years old, but the SPC selected two cases that were about five years old and released them as Guiding Cases No. 6 and No. 17. What explains these “anomalies”? What are the implications? To read more about our interesting findings, please visit: http://cgc.law.stanford.edu/guiding-cases-analytics/.

To keep updated about our future products, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject. You may also connect with us via LinkedIn, Twitter, and Sina Weibo. For more information about the CGCP, please also visit http://blogs.law.stanford.edu/cgcp/.

We would also love to hear your feedback and comments about the CGCP! Please let us know how the CGCP has been doing by sending your views to contactcgcp@law.stanford.edu.

Thank you for your support!

China’s Supreme People’s Court just released four more Guiding Cases!

China’s Supreme People’s Court just released four more Guiding Cases:

This is different from the regular pattern of release (see below). The CGCP team is working arduously to provide timely translations!

Number of Guiding Cases Issued in Each Quarter:

number of GCs

Also, in a recent interview by the Reuters, CGCP Director, Dr. Mei Gechlik, commented on “arbitration courts” set up in Shanghai and Qianhai Free Trade Zones.

To keep updated about our future products, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject. You may also connect with us via LinkedIn, Twitter, and Sina Weibo. For more information about the CGCP, please also visit http://blogs.law.stanford.edu/cgcp/.

We would also love to hear your feedback and comments about the CGCP! Please let us know how the CGCP has been doing by sending your views to contactcgcp@law.stanford.edu.

Thank you for your support!

CGCP RELEASES NEW PRODUCTS!

We are pleased to release the English translation of Guiding Cases Nos. 17 through 22, the newest and largest batch of Guiding Cases released by the Supreme People’s Court to date:

  • Guiding Case No. 17: ZHANG Li v. Beijing Heli Huatong Automobile Service Co., Ltd., A Sale and Purchase Contract Dispute, China Guiding Cases Project, English Guiding Case (EGC17), Feb. 4, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-17.
  • Guiding Case No. 19: ZHAO Chunming et al. v. The Automobile Transport Company of Fushan District, Yantai Municipality and WEI Deping et al., A Motor Vehicle Traffic Accident Liability Dispute, China Guiding Cases Project, English Guiding Case (EGC19), Feb. 4, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-19.
  • Guiding Case No. 21: Inner Mongolia Qiushi Real Estate Development Limited Liability Company v. The Civil Air Defense Office of Hohhot Municipality, A Civil Defense Administrative Levy Case, China Guiding Cases Project, English Guiding Case (EGC21), Feb. 4, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-21.
  • Guiding Case No. 22: WEI Yonggao and CHEN Shouzhi v. The People’s Government of Lai’an County, A Case About a Reply to Recover Land-Use Rights, China Guiding Cases Project, English Guiding Case (EGC22), Jan. 31, 2014 (Express Edition), available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-22.

Guiding Case No. 20: Shenzhen Siruiman Fine Chemicals Co., Ltd. v. Shenzhen Kengzi Water Supply Co., Ltd. and Shenzhen Kangtailan Water Treatment Equipment Co., Ltd., An Invention Patent Infringement Dispute (http://cgc.law.stanford.edu/guiding-cases/guiding-case-20) was released earlier in December last year.  It was China’s first Guiding Case on intellectual property, and the release was followed up by Bloomberg BNA with a piece on this case and Stanford’s China Guiding Cases Project (“CGCP”).

To keep updated about our future products, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  You may also connect us via LinkedIn, Twitter, and Sina Weibo.

We would also love to hear your feedback and comments about CGCP!  Please let us know how the CGCP has been doing by sending your views to contactcgcp@law.stanford.edu

Thank you for your support!

China Guiding Cases Project is on Bloomberg BNA!

Bloomberg BNA recently ran a piece on China’s first “Guiding Case” on intellectual property, Guiding Case No. 20: Shenzhen Siruiman Fine Chemicals Co., Ltd. v. Shenzhen Kengzi Water Supply Co., Ltd., a patent infringement case that the Supreme People’s Court (“SPC”) decided on December 20, 2011.  The English version of this guiding case was released by Stanford’s China Guiding Case Project (“CGCP”) last week.

Citing Dr. Mei Gechlik, Director and Founder of the CGCP, Bloomberg BNA writes that Guiding Case No. 20  “marks the beginning of the issuance of intellectual property cases that will have ‘guiding effect’ as defined by the rules that the SPC has issued on guiding cases.”

The article highlights the “Main Points of the Adjudication” of Guiding Case No. 20, as translated by the CGCP.  It also points out that the CGCP will organize a program in 2014 to train Chinese judges on guiding cases.  To read the full article, please click here.

For future media inquiries, please contact us at contactcgcp@law.stanford.edu.

To receive more updates about the CGCP, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject. You may also connect with us via LinkedIn, Twitter, and Sina Weibo.

1st Guiding Case on Intellectual Property Now Available in English!

We are pleased to release the English translation of Guiding Case No. 20, the first Guiding Case on intellectual property: Shenzhen Siruiman Fine Chemicals Co., Ltd. v. Shenzhen Kengzi Water Supply Co., Ltd. and Shenzhen Kangtailan Water Treatment Equipment Co., Ltd., An Invention Patent Infringement Dispute (available at http://cgc.law.stanford.edu/guiding-cases/guiding-case-20). The Supreme People’s Court rendered the original judgment on December 20, 2011, revoking the first and second instance judgments rendered by the Intermediate People’s Court of Shenzhen Municipality, Guangdong Province, and the Higher People’s Court of Guangdong Province, respectively.

Guiding Case No. 20 is among the newest and largest batch of Guiding Cases, Guiding Cases Nos. 17 through 22, released by the Supreme People’s Court to date. We have posted the Chinese versions of all of the Guiding Cases part of this latest batch on our website at http://cgc.law.stanford.edu/guiding-cases/. We will release the English versions of the rest of the batch soon.

The CGCP Team works hard to produce high-quality English translations of the Guiding Cases and we are excited to present this first Guiding Case on intellectual property. Let us know how the CGCP has been doing by sending your views to contactcgcp@law.stanford.edu. We would love to hear your feedback.

For further updates, please subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject. You may also connect us via LinkedIn, Twitter, and Sina Weibo.

Thank you for your support!

Training Chinese Officials on Open Government

Here is a new report that will be used to train Chinese officials on best practices for using websites to increase government transparency and encourage public participation.

Entitled “China eGovernment Development Index Report 2013″, the report was completed by Mei Gechlik, Director of Stanford Law School’s China Guiding Cases Project (“CGCP”), and her team of more than 30 members, including SLS students and many CGCP members. They spent the past two years assessing e-government development in China at the request of local governments in China. Findings were reported earlier by China’s People’s Daily (see here).

The CEDI Report can now be downloaded for free online at ​http://goodgovintl.org/cedi-report-hangzhou/​.

We thank Stanford Law School, an affiliate of this project, for its generous support!

For updates about the CEDI, please subscribe to the list at http://goodgovintl.org/subscribe/.

CGCP Blog launch and more exciting announcements!

Welcome to the CGCP Blog on SLS Blogs!

We are excited to join SLS Blogs with the launch of this CGCP Blog to keep Stanford Law School (SLS), the Stanford community and the greater online community more informed about developments with the China Guiding Cases Project (CGCP).

The CGCP is a groundbreaking initiative of SLS aimed at advancing knowledge and understanding of Chinese law and enabling judges and legal experts inside and outside of China to contribute to the evolution of Chinese case law through ongoing dialogue on guiding cases released by China’s Supreme People’s Court.

Thanks to the hard work and dedication of our international team, we have made significant progress since the CGCP was established in February 2011:

First, the Supreme People’s Court has granted its approval to allow its National Judges College and the CGCP to jointly organize a judges’ training program on the Guiding Cases.

Second, we will soon be releasing a series of papers about the Guiding Cases System written by the CGCP team and a few distinguished Chinese judges and scholars for a conference at Oxford University. Based on more than 200 responses (including 90 from Chinese judges) to a survey we conducted in July 2013, we presented a draft paper titled “China’s Guiding Cases System: Evolution, Impact, and Prospects” at the 8th annual European China Law Studies Association conference, New Approaches and New Questions in Chinese Law at Oxford University in September of this year.

Third, we have just released the Chinese editions of the newest batches of Guiding Cases released by the Supreme People’s Court. The largest batch of Guiding Cases released by the Supreme People’s Court to date, Guiding Cases Nos. 17 through 22, includes the first Guiding Case on intellectual property. The Chinese versions are available at https://cgc.law.stanford.edu/guiding-cases/. The CGCP will release our high quality translations of these cases shortly. The CGCP has also released the final versions of English translations of Guiding Cases Nos. 13 through 16 (https://cgc.law.stanford.edu/guiding-cases/).

All of the materials that the CGCP has produced are available for free at http://cgc.law.stanford.edu/. These materials include the Guiding Cases themselves, commentaries by Chinese legal experts in both English and Chinese on topics related to the Guiding Cases, and summaries of different areas of Chinese law, complete with links to all relevant sources available in both Chinese and English.

We encourage you to subscribe to our mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject to make sure you don’t miss future updates. If interested, please also connect with us via LinkedIn, Twitter, and China’s weibo.

Thank you for your support! We look forward to bringing you future updates of the above and other related topics via this CGCP Blog!