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Legal Consultations and Dispute Resolution Sector
 
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Chapter 3- Case Administration.
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Chapter 7 Liquidation.
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International
Legal Case
Chinese court turns down first anti-monopoly case
The No. 1 Intermediate People's Court of Beijing on Thursday rejected an
anti-monopoly case considered the first of its kind in China, the
Beijing Times reported.In a first-instance trial ruling, the court cited
a factor that the plaintiffs filed litigation after its validity period
expired as the reason for turning down the case, the newspaper quoted
Zhou Ze, the attorney on the case, as saying.
It went further to defend its decision by citing Article 58 of the
Administrative Procedure Law and the first item of Article 41 of the
Interpretation Regarding Issues Related to Implementation of the
Administrative Procedure Law. In accordance with both legal documents,
administrative organs lay out certain administrative actions. If they
fail to inform citizens and legal representatives or fail to give other
organizations the right of litigation or the terms of the litigation,
the starting time for the period of the litigation or the term of the
litigation should be counted from the day the litigants presumably
should have known. This period of being informed shouldn't have exceeded
two years at most.
The plaintiffs were four anti-counterfeiting ventures based in the
Chinese capital led by Beijing Zhaoxin Information Technology Co., Ltd..
They insisted the General Administration of Quality Supervision,
Inspection and Quarantine (AQSIQ), an industry regulator, violated two
Chinese laws including the anti-monopoly law in the latter's efforts to
popularize an online network known as Product Identification
Authentication and Tracking System (PIATS). They also raised a legal
case with the Beijing court to sue the latter for administrative
monopoly on Aug. 1, which coincided with the date when the country's
first anti-monopoly law took effect.
PIATS is an online tracking platform said to be launched by China Credit
Information Technology Co., Ltd. in April 2005. This organization was
jointly set up by three investors -- CITIC 21CN Company Limited, a Hong
Kong-registered business and the AQSIQ information center, among them.
The original four plaintiffs were later joined by four other
anti-counterfeiting Chinese companies from across the country also in
August.
The expanded team of plaintiffs clarified their demands in the
litigation of AQSIQ's business to popularize PIATS; its administrative
act of asking all enterprises to pay fees before getting codes for
products with PIATS were acts of violating regulations and laws, and
AQSIQ be told to stop such violations and take measures in order to
eradicate the negative impact caused by AQSIQ violations on the
plaintiffs.
Attorney Zhou, who said he received the court's letter of decision on
Thursday, didn't agree with the court's ruling. "I don't think the term
of my customers' litigation expires, as AQSIQ's efforts to spread PIATS
among producers have been going on and on," he said, vowing to appeal
the case.
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