Conflict of Laws in the People’s Republic of China

Conflict of Laws in the People’s Republic of China

Elgar Asian Commercial Law and Practice series

Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters. It takes into account the latest developments in legislation and judicial interpretation, case law and judicial practice, and historical, political and economic background, especially recognizing the scholarly contribution made by Chinese scholars to this field.


Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

Subjects: asian studies, asian law, law - academic, asian law, private international law


The Conflicts Act includes one special chapter dealing with choice of law in intellectual property (IP) rights. This is partly due to the complexity of IP and actions arising out of it, and partly due to the special attention paid to the protection of IP rights by Chinese legislators. The first IP legislation in Chinese history, the Regulation for the Award and Promotion of Technology Development, was promulgated in 1889 under the Qing Dynasty. The Chinese intellectual property system was further modernized between 1928 and 1944. However, the process of establishing a modern intellectual property system was delayed by the Communist movement after 1949, when intellectual property rights belonged to the state collectively, not private entities. After the economic reform, Chinese law on IP rights was rehabilitated and China acceded to a number of international IP conventions, such as the Paris Convention, Madrid Trademark Agreement, Berne Convention, TRIPS, WIPO Performances and Phonograms Treaty, and WIPO Copyright Treaty, and entered into bilateral agreements or memorandum with individual countries to strengthen the cooperation in the protection of intellectual property rights. At the domestic level, China enacted a series of domestic laws regulating intellectual property and related issues, such as the Trademark Law, Copyright Law and Patent Law, Regulations on Customs Protection of intellectual property rights, GPCL, Law against Unfair Competition, and Advertising Law. The latter three are not specialized intellectual property statutes, but include provisions with the special purpose of protecting IP rights.

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