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China Law Insight

Monthly Archives: May 2010

Limitation of Actions Regarding Patent Ownership Disputes

Posted in Intellectual Property

By Li Ruihai and Su Juan, King & Wood’s IP Department

Patent ownership disputes arise, when a party challenges the ownership of a patent right at the State Intellectual Property Office (SIPO) and files suit with the People’s Court to seek rectification of the ownership of the patent. Article 135 of the General Principles of Civil Law of the PRC (Civil Law) provides that "unless otherwise stipulated by law, the statute of limitations to file civil actions with the People’s Court shall be 2 years." The PRC Patent Law (Patent Law) provides no specific provisi… More…/更多

尽职调查:交易杀手还是交易救主?

Posted in Foreign Investment

肖马克(合伙人)    金杜公司组               上海分所

每一家跨国公司都需要制定一个中国业务发展战略。中国经济在全球金融危机冲击下的坚韧表现使其对海外投资者愈发具有吸引力。不过问题是,投资公司应如何就个案项目中的潜在风险和机会做出真实的评估呢?… More…/更多

Due diligence: deal killer or deal saver?

Posted in Foreign Investment, Mergers & Acquisitions

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

Every multinational company needs a China strategy. The country’s resilient economic
performance during the global downturn has made it even more attractive to some overseas
investors, but how should such companies arrive at a realistic appraisal of the potential
risks and opportunities of a specific deal?… More…/更多

Offering Gifts of Travel and Entertainment in China – What if the Recipient is a State Functionary

Posted in Dispute Resolution, Foreign Investment

By Ariel Ye and James Rowland, King & Wood’s Cross Border Litigation & Arbitration Group

Many foreign business operators report that they are concerned about the risks associated with entertaining their business partners in China, even when providing meals or offering to pay for travel and accommodation costs of a low value.
 … More…/更多

New Investment Opportunities for Foreign Companies in Sustainable Projects in China

Posted in Foreign Investment

By Andrew Tan, Partner, Corporate, King & Wood–Hong Kong

The Hong Kong Environmental Protection Department (EPD) announced on 1 December 2009 that the Supplementary Notes on the Implementation of Projects under the Clean Development Mechanism (CDM) by Hong Kong enterprises on the Mainland have been released by both the Central and the HKSAR Governments. These notes open up new opportunities for Hong Kong companies (as well as others through companies in Hong Kong) to participate in CDM projects in mainland China.… More…/更多