chapter  37
13 Pages

Private international and inter-regional law rules for trademark infringement in mainland China

WithLizhou Wei

The legal sources of Chinese private international law are manifold. The set of rules regulating international civil procedure is entrenched in the Civil Procedural Law. The TZEPAO case is the first decision that was concerned with the issues of jurisdiction and applicable law in a case of trademark infringement with trans-regional elements. The rules on Chinese private international law, especially in the fields of jurisdiction and applicable law, are mutatis mutandis applicable to civil and commercial disputes involving Hong Kong or Macau elements. As a result, in case the alleged infringer is domiciled in mainland China, but the allegedly infringed intellectual property right is registered in a foreign state or in Hong Kong or Macau, the Chinese court of the defendant’s domicile can have jurisdiction over the dispute. The appellate court seemed to have skipped the applicable law issue, and instead directly started to examine the question under the Chinese law and Hong Kong law.