Author(s)

Yini Weng ¹

Affiliation(s)

¹ Postgraduate, Guilin University of Electronic Technology, Guilin, Guangxi, China

Corresponding Author

Yini Weng

ABSTRACT

This paper explores the systematic positioning of anti-suit injunctions (ASI) in China's international intellectual property litigation. It begins by tracing the origins of ASIs and their evolution into international legal tools. The paper then examines the current application of ASIs in China, where they are substituted by behavioral preservation measures due to the lack of specific legal provisions. The challenges of this substitution are discussed, highlighting the differences between ASIs and behavioral preservation in terms of legal effects, discretionary scope, and deterrence. The paper argues for the establishment of an independent ASI system within China's legal framework to effectively manage international jurisdictional conflicts and protect intellectual property rights.

KEYWORDS

Anti-Suit Injunction, Behavioral Preservation, Intellectual Property, International Litigation, Legal System

CITE THIS PAPER

Yini Weng. Research on the Systematic Positioning of Anti-Suit Injunctions in China's Foreign-Related Intellectual Property Litigation. Science of Law Journal (2024) Vol. 3: 103-106. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030615.

REFERENCES

[1] Trevor Hartley, International Commercial Litigation (3rd ed.), Cambridge University Press, 2020, 265. 
[2] Jianjun Yao, The Anti-Suit Injunction System in Common Law Countries and its Reference to China, People's Judiciary, 2011, 1, 102-106.
[3] Chengjue Ji, Discussion on the Codification of Anti-Suit Injunctions—In the Context of Conflicts of International Civil Jurisdiction, Journal of Finance and Law, 2023, 3, 178-192. 
[4] Zongru Ji and Hui Xu, Maximizing the Function of the Civil Procedure Preservation System, Contemporary Law Review, 2013, 1. 
[5] Weiping Zhang, The Construction and Implementation of Anti-Suit Injunctions in China, China Legal Review, 2022, 2.
[6] S.I. Strong, Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States, The American Journal of Comparative Law, 2018, 153.
[7] See Dicey, Morris & Collins, The Conflict of Laws, 15th ed., Sweet & Maxwell, 2012, 585.

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