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In Artificial Intelligence

China: A landmark court ruling on copyright protection for AI-generated works

by , and 7 Mins Read

In brief Recently, a groundbreaking court judgment marked a milestone in Chinese intellectual property (IP) law by recognising copyright protection for images generated by Artificial Intelligence (AI). The judgment carries significant implications for the future of AI and IP in China, as it indicates that the Chinese courts would be willing to recognise the copyrightability of AI-generated works in appropriate cases. While whether or not an AI-generated work is copyrightable in China will still need…

In Jurisdiction

China: New Rules for Foreign-related Litigation

by 10 Mins Read

On 1 September 2023, the Standing Committee of China’s National People’s Congress released the amendments to the PRC Civil Procedure Law (“2021 CPL”) which will take effect from 1 January 2024 (“2024 CPL”). Among these amendments, there are considerable changes in respect of foreign-related litigation, including the PRC courts’ jurisdiction over foreign-related disputes, parallel proceedings, service of process, nationality of arbitral awards and recognition and enforcement of foreign judgments. Wider scope of PRC courts’ jurisdiction…

In Reciprocal Enforcement of Judgments

Hong Kong and China: The passing of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill

by and 4 Mins Read

In brief The long overdue “Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill” (“RE Bill”) was passed by the Hong Kong Legislative Council on 26 October 2022. The RE Bill implements the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region”, which was signed between the Supreme People’s Court of the Mainland and the HKSAR…

In Insolvency

China and Hong Kong: Mainland and Hong Kong agree framework for mutual judicial recognition and assistance in corporate insolvency and debt restructuring

by and 7 Mins Read

In brief On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring. Under the Framework: A Mainland bankruptcy administrator may apply to the Hong Kong High Court for recognition of and assistance to Mainland bankruptcy proceedings.A Hong Kong liquidator or provisional liquidator may apply to the Intermediate People’s Court at a designated pilot area for recognition of and…

In Taking of Evidence

PRC Supreme People’s Court Releases Revised Rules of Evidence for Civil Proceedings

by , and 7 Mins Read

On 25 December 2019, the PRC Supreme People’s Court (“SPC”) released the amended Provisions on Evidence for Civil Proceedings (“Amended Evidence Rules”), which will come into force on 1 May 2020, replacing the old evidence rules that have been in effect since 2002. Major Provisions Significant provisions in the Amended Evidence Rules include, among others, the following. 1. Electronic data evidence Articles 14, 15, 93 and 94 of the Amended Evidence Rules set out the…

In Asia Pacific

BRI Risk Mitigation and Dispute Resolution Options in the Coming Decade

by , , and 14 Mins Read

Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…

In Asia Pacific

Hong Kong-China Arrangement on Interim Measures in Aid of Arbitral Proceedings

by and 6 Mins Read

On October 1, 2019, the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (“Arrangement”) entered into between the Hong Kong Government and China’s Supreme People’s Court came into force. This Arrangement allows, for the first time, parties to arbitrations[1] seated outside of Mainland China to obtain interim relief protection[2] from Chinese Courts. The Arrangement is reciprocal…