Tag Archives: CIETAC

The Shanghai Branch of CIETAC Changed Its Name

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Today, we noticed an announcement published on the website of the Shanghai Branch of the China International Economic and Trade Arbitration Commission stating that it has changed its name to the Shanghai International Economic and Trade Arbitration Commission (the “Shanghai Commission”). At the same time, it will begin to use the name of Shanghai International Arbitration Center. Additionally, starting on May 1, 2013, the Shanghai Commission will begin using new Arbitration Rules and a new arbitrator name list.

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Comparison of Administrative and Judicial Methods of Domain Name Dispute Settlement in China

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(By Albert Chen) Currently, the main dispute resolution channels for domain name disputes include semi-administrative settlement and judicial settlement. In terms of regulation, the Measures for Settlement of Domain Name Disputes (the “Measures”) were promulgated as early as 2002 and then amended in 2006. The Measures are the primary basis for semi-administrative settlement of domain name dispute. As to judicial methods, the main basis is the Interpretation on Several Issues Concerning Application of Law in the Hearing of Computer Network Civil Disputes” (the “Interpretation”) promulgated by the Supreme People’s Court.

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China Arbitration War: CIETAC Announced Its Shanghai Brunch Illegal

 By Albert Chen

China International Economic and Trading Arbitration Committee (CIETAC), the well-known China based international arbitration chamber, has been on the front page of local medias these days for it hearing the trademark dispute of Wang Lao Ji and the chamber’s internal strife. And by the latest news known to us, CIETAC holds the currently heard or adjudicated cases by its previous Shanghai Branch may face the risk of invalidity.

I. The conflict

The battle was triggered by the publishing of the chamber’s new rules of association and the arbitration rules (the “new rules”), which was rejected by CIETAC Shanghai Branch with the defenses that vote of the new rules did not base on the most wills. Moreover, to Shanghai Branch’s opinions, the clauses of the new rules also damage the free will to choose the arbitration committee and hearing place, and considering the vastly improved arbitration fees and the applicable scope of the sole arbitrator hearing. What’s worse, the new rules may also jeopardize the independence of the Shanghai Branch. For these reasons, Shanghai Branch stated on 4th May (Note: the link is in Chinese) of 2012 to denounce CIETAC and restate it as an independent committee.

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Wanglaoji Trademark Lawsuit and China Trademark License Record System

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By You Yunting

As reported (note: the link is in Chinese), the eye-catching trademark battle on Wanglaoji, also known as Wong Lo Kat in Hong Kong, as been adjudicated by Beijing No.1 Intermediate People’s Court on the 13th July 2012, by which Hong Dao Group’s (the “Hong Dao”) appeal to revoke the arbitration decision by CIETAC was refused. This means the arbitration decision shall take effect from 9th May 2012, the two supplementary trademark license contracts signed by the disputed parties are judged invalid, and Hong Dao will no longer use the trademark of Wanglaoji. For the case, we have expressed our opinions in the past post “Will JDB Revoke Wang Lao Ji Trademark Arbitration Award through Litigation?”

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Analysis on Lawsuits and Arbitration in Domain Name Dispute Settlement System in China

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By Luo Yanjie

According to a news report, Apple filed arbitration in June over “iPad 3.com” in WIPO, and claimed the adjudication to grant it the domain name. So far as is known this week, Apple is said to have received the internet address, and the registration information of iPad 3.com, and has now been updated, transferred from Global Access to Kilpatrick Townsend & Stockton; the law firm entrusted by Apple.

The development and popularity of the Internet has increased the weight of domain names to the companies, especially for those engaged in the Internet industry and to them the domain name is playing the main role in propaganda with the replacement of trademark to some extent. Therefore, the domain name has been one of the main battlegrounds of the Internet or IT companies, and that thereby has brought many disputes. Due to the fact that the domain name is unified in global standard, the dispute concerning the domain name could be mainly settled in arbitrations (like Apple did in the case above, while it’s a little different from the contractual arbitration as specified below) and lawsuits. Now, we would like to introduce you how these two settlement methods applied in China:

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Will JDB Revoke Wang Lao Ji Trademark Arbitration Award through Litigation?

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By You Yunting

In recent, a spat over the established brand Wang Lao Ji, also known as Wong Lo Kat, which is the most valuable herbal tea trademark in China, has occurred. The biggest distributor of the drink in China, JDB group, claimed that it has filed the application to Beijing No. 1 Peoples’ Bank to revoke the adjudication made by the China International Economic and Trade Committee (CIETAC) on the dispute.

The basic facts of the case in the reports: Guangzhou Pharmaceutical Group Co., Ltd. (the “Guangzhou Pharmaceutical’, SZSE: 600332) is the registered owner of the Wang Lao Ji trademark, who signed a trademark license agreement with Hung To Group Co., Ltd. (the “Hung To”, the parent company to JDB), by which Hung To gets the loan of the trademark of 10 years.

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