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SPC issues 11th batch of guiding cases
Practical Law UK Legal Update 9-622-2905 (Approx. 3 pages)
SPC issues 11th batch of guiding cases
| Published on 27 Jan 2016 • China |
SPC has published the 11th batch of guiding cases.
On 19 November 2015, the Supreme People's Court (SPC) published four guiding cases. This represents the 11th batch of guiding cases published by the SPC since 2011.
These cases give illustrative court rulings, including, in particular, that:
- The proceeds from infrastructure franchises can be pledged to secure a bank loan. Perfection of this type of pledge requires registration with the Credit Reference Centre of the People's Bank of China (Guiding case No. 53).
- A pledge over deposit is validly created if the deposit is placed in a special account and the depositor cannot use the money without the creditor's consent (Guiding case No. 54).
- A patent rights owner loses patent protection against a potential third party infringer if the protection scope of the concerned patent rights is unclear (Guiding case No. 55).
- Any party failing to raise a jurisdiction objection in the court of first instance cannot raise this objection before the court of second instance or any court of retrial (Guiding case No. 56).
Guiding cases should be used as part of a judge's reasoning in deciding a case but do not in themselves have precedent value.
Since June 2015, the SPC has required all people's courts to make reference to guiding cases in their rulings on similar cases (see Practice note, Understanding Chinese legislation: Guiding cases).