Arrangement for Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and the Hong Kong Special Administrative Region (Fa Shi [2024] No.2)

25 January 2024

On 25 January 2024, the Supreme People’s Court of the People’s Republic of China issued the “Arrangement for Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and the Hong Kong Special Administrative Region” (“the Arrangement”). According to the Arrangement, “Civil and Commercial Cases” refer to the cases of civil and commercial nature pursuant to the laws of the Mainland and the Hong Kong Special Administrative Region (“HKSAR”), excluding judicial review cases heard by the Hong Kong courts and other cases directly arising from the exercise of administrative power. The Arrangement applies to mutual recognition and enforcement of judgments in respect of intellectual property infringement dispute cases that are submitted by the courts of the Mainland and the HKSAR. The applicable cases are limited to monetary judgments on the infringement acts that was adjudicated by the court of first instance, including claim of punitive damages. The Arrangement came into effective on 29 January 2024.

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