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China Law Insight

Category Archives: International Trade

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Patent Disputes and Article 24 of Judicial Interpretation II

Posted in International Trade

by Li Zhongsheng, King & Wood Mallesons’ IP group

On behalf of Qualcomm Incorporated, King & Wood Mallesons (“KWM”) recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-discriminatory (FRAND) terms, in settlement of the royalty dispute after it was threatened with an injunction.. Article 24 of the Supreme People’s Court Interpretation of Issues of Application of Laws in the Handling of Patent Infringement Disputes … More…/更多

全球出口商欢欣鼓舞——海关总署下发电商新政过渡政策

Posted in International Trade

作者:肖马克 陈兵 金杜律师事务所公司证券部

2016年4月中国发布了令人瞩目但又具模糊性的跨境电商规则,由此引发了相关方面的担忧,甚至可以说是恐慌。

2016年5月24日,中华人民共和国海关总署(以下简称“海关总署”)下发了《关于执行跨境电子商务零售进口新的监管要求有关事宜的通知》(“通知”),在该通知中,中国相关机关在相当程度上解决了大部分最迫切的担… More…/更多

Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve

Posted in International Trade

By Mark Schaub and Chen Bing King & Wood Mallesons’ Corporate Securities Group

In recent months there has been great concern, indeed bordering on panic, in some quarters arising from the issuance of  dramatic but vague PRC cross-border e-commerce rules that were issued in April 2016.

However, the PRC authorities have now addressed, at least to some extent, most of the major pressing concerns on 24 May 2016 when the General Administration of Customs of PRC (“PRC Customs”) issued a Circular on Relevant Matters Concerning Implementation of New Supervision Requirements on … More…/更多

关键原材料案对稀土案具有参考价值

Posted in International Trade

访谈对象:肖瑾 金杜律师事务所国际贸易

美国、欧盟和日本13日提请WTO要求就稀土出口管制问题将中国诉至WTO,中国将和各方展开磋商。美国在此时提起此案与1月时在WTO就关键原材料一案的胜利不无关系,两案在法律、逻辑上都多有相似之处。一方面看,这可能会给中国在稀土案中造成不利,但另一方面,中国也可从上次极其类似的案例中吸取教训,更好地应对此次诉讼,… More…/更多

再谈中国企业在欧盟反倾销调查中的”非市场经济地位”

Posted in International Trade

作者:姚爱峰 刘成 金杜律师事务所国际贸易

一、基本情况回顾

根据中国加入世界贸易组织议定书,其他WTO成员可以在15年之内,针对中国采用反倾销调查时,可以认为中国不具有“市场经济地位”。

欧盟在1998年修改《反倾销条例》之后,将中国视为“市场转型国家”,即在总体上不承认中国是“市场经济国家”的同时,对于特定条件的公司给予“市场经… More…/更多

Legal Liabilities from Improper Product Classification in Customs Declarations

Posted in International Trade

By Liu Xinyu and Gao Xiaorui King & Wood’s International Trade Group

Improper commodity classification in customs declaration may cause different legal liabilities. This article will begin the analysis with two cases.

Case 1: A large-scale foreign-investment enterprise ("Enterprise A") imported 72.6 tons of ethylene powder from Germany, and made a customs declaration in the name of ethylene powder with a commodity code ("HS code") of 29,012,100. Later, the customs office extracted samples from the declared goods for inspection. The … More…/更多

因报关商品归类错误可能引起的法律责任

Posted in International Trade

作者:刘新宇 高晓瑞 金杜律师事务所国际贸易

报关商品归类错误可能会引起不同的法律责任,这里先举两个案例:

案例一:某大型外商投资企业(“A公司”)从德国进口72.6吨乙烯胶粉。A公司在向海关申报该批货物的名称为乙烯胶粉、货物商品编码(“HS编码”)为29012100。此后,受理申报的海关提取了该票乙烯胶粉的样品送检,经海关化验中心出具的化验鉴定书… More…/更多

Legal Issues in Contracts for Sale of Large-sized Complete Set Equipment (Part II of II)

Posted in International Trade

By Zhang Shouzhi Li Xiang and Zhang Mei King and Wood’s International Trade  Group

This article continues to discuss Legal Issues in Contracts for Sale of Large-sized Complete Set Equipment. The first part of this article was published on Chinalawinsight on October 2011.

II. Delivery and Acceptance

Because large-sized complete set equipment are often composed of multiple parts, it is customary for the manufacturing and delivery of equipment to occur in conjunction with the assembly sequence. Accordingly, there are multiple deliveries, installations and inspect… More…/更多

大型成套设备买卖合同中的法律问题(二)

Posted in International Trade

作者:张守志 张梅 李响 金杜律师事务所国际贸易

本文分两部分刊登, 2011年10月12日金杜法律博客(Chinalawinsight)刊登的了本文的第一部分。文章第二部分将继续对《大型成套设备买卖合同中的法律问题》进行解读。

二、 交货及验收

由于大型成套设备通常由多个部分组成,因此往往是按照装配顺序,边生产、边交付。相应地,在合同履行过程中会发生多次交货、安装和验收。从设… More…/更多

Common Mistakes Made by Foreign Investment Enterprises Utilizing Duty-Exempt Goods

Posted in International Trade, WTO & Market Access

by Liu Xinyu and Jing Yunfeng of King & Wood’s Corporate group

According to Articles 56 to 58(1) of the Customs Law of the People’s Republic of China ("Customs Law")(2), there are three categories where duties may be reduced: statutory duty abatements or exemptions, deductions or exemptions on special goods, and temporary duty reductions or exemptions. "Deductions or exemptions on special goods" refers to goods imported into China that enjoy a reduction or exemption of duties in specified areas and enterprises or for special purposes until the e… More…/更多

外商投资企业特定减免税货物”移作他用”典型案例

Posted in International Trade, WTO & Market Access

作者:刘新宇 景云峰 金杜律师事务所公司

根据《中华人民共和国海关法》(《海关法》)(1)第五十六条(2)、五十七条第一款(3)以及第五十八条(4)的规定,关税的减免分为三大类,即法定减免税、特定减免税和临时减免税。其中,“特定减免税货物”是指货物在进口时减征或免征进口关税,进口后只能用于特定地区、特定企业或者特定用途,直至海关监管年… More…/更多

Legal Issues in Contracts for Sale of Large-sized Complete Set Equipment (Part I of II)

Posted in International Trade

By Zhang Shouzhi Li Xiang and Zhang Mei King and Wood’s International Trade  Group

As the third-largest trading nation in the world, China’s import and export volume increases significantly year by year, among which, certain percentage of transactions relates to import and export of large-sized complete set equipment. Compared with common commodity trading, large-sized complete set equipment trading are much more complicated, involving commercial, technical, legal and financial issues relating to not only commodity trade but also intellectual proper… More…/更多

大型成套设备买卖合同中的法律问题(一)

Posted in International Trade

作者:张守志 张梅 李响 金杜律师事务所国际贸易

作为世界第三大贸易国家,随着经济的发展和技术的进步,中国的进出口额逐年大幅增加。其中,大型成套设备进出口占了相当比重。与一般国际货物贸易相比,大型成套设备贸易集货物贸易、知识产权及服务贸易于一体,商务、技术、法律、金融问题互相交织,其复杂性格外突出。加之大型成套设备往往价格昂贵,动辄就以… More…/更多

China Retools its Auto Industry to meet Global Challenges

Posted in Corporate, Foreign Investment, International Trade

China has issued a raft of measures aimed at moulding its auto industry to meet both the challenges posed by the global economic crisis and possibly even use the crisis to achieve long held strategic government goals. The short term goal appears to be to boost domestic consumption of cars and thereby stimulate the economy. The longer term goals have been previously enunciated in NDRC auto policy, namely consolidate the industry, build some national auto champions and build quality “green” cars. According to The New York Times, China is aiming to become a global leader in manufa… More…/更多

In Defense of the Coke Haiyuan Decision

Posted in International Trade

The Ministry of Commerce of the People’s Republic of China (“MOFCOM”) made the decision to prohibit the proposed acquisition of China Huiyuan Juice Group Limited by the Coca-Cola Company (the “Transaction”) under Article 28 of the Anti-Monopoly Law of People’s Republic of China (the “AML’). We believe the following three negative influences on competition were the primary considerations taken into account by MOFCOM:

 

Susan Ning, Partner, International Trade

 … More…/更多

Attorney-client Privilege: Extended to Foreign Lawyers in China?

Posted in Corporate, Dispute Resolution, International Trade

Often, when Chinese lawyers deal with foreign-related cases they see the term "attorney-client privilege" in the foreign lawyer issued legal opinions and memorandums. Furthermore, many foreign lawyers would like to know if their communication with the Chinese lawyers they work with is provided the same amount of protection as their communication with their clients.

 

Black’s Law Dictionary defines attorney-client privilege as a client’s right to refuse to disclose, and to prevent anyone else from disclosing, confidential communications between hi… More…/更多

PRC Food Safety Law: Food for Thought

Posted in Corporate, International Trade

By Mark Schaub  King & Wood Mallesons’ FDI Group

According to Chinese media reports last year, six children died and nearly 300,000 others were sickened after consuming milk powder containing melamine, a toxic industrial chemical that was added to show a higher protein level in the milk powder. The melamine contamination of dairy products was discovered to be widespread. Concerns about food safety have surfaced in China long before the melamine dairy scare: sub-standard baby milk produced in Anhui, Longkou noodles containing lead from Shandong, fake alcohol in Guangdong, so… More…/更多

China’s Lost Treasures: Retrieval of Looted Cultural Relics

Posted in Dispute Resolution, International Trade

Ariel Ye, Dong Ping, and Yang Weiguo of King & Wood’s Cross-border Dispute Resolution Practice

On Monday 23 February 2009, the Tribunal de Grande Instance of Paris in France heard an urgent application by a team of Chinese lawyers for an injunction to prevent the auction by Christie’s of two controversial ancient Chinese relics. It was not in dispute that the two bronze sculptures, one of a rat’s head and another of a rabbit’s head, had been looted by Anglo-French troops from the Old Summer Palace in Beijing during the Second Opium War in 1860 and had until recently been part of … More…/更多

Privacy Overhaul Imminent for Australia–A Reference to China

Posted in Intellectual Property, International Trade

Kalley Chen, Dai Chen and Xu Zifeng  King & Wood Mallesons’ Security Group

Australia has had a range of general and sector-specific privacy laws for 20 years. At the Federal level, the Privacy Act 1988 (Cth) initially regulated the way in which Commonwealth agencies dealt with the personal information of Australians. The scope of the Privacy Act was expanded to also cover the handling of individuals’ credit information and, more broadly in 2001, to cover all private sector organisations and the way in which they collect, use and disclose personal information. Individu… More…/更多

Clean Development Mechanism: Untapped Potential

Posted in Corporate, Foreign Investment, Intellectual Property, International Trade

Under the United Nation’s Framework Convention on Climate Change (UNFCCC), “developed country Parties should provide new and additional financial resources to support the transfer of technology and take all practical steps to promote, facilitate and finance the transfer of, or access to, environmentally sound technologies and know how to developing country Parties.” However, a UNFCCC report revealed that a large portion of developing nations do not take advantage of CDM projects to import technology.  

As long as technology transfer from developed count… More…/更多

Intersect Between Intellectual Property Law And Competition Law

Posted in Antitrust & Competition, Intellectual Property, International Trade

At first glance, the goals of intellectual property law and competition law might appear to conflict. IPR owners are granted statutory rights to control access and charge monopoly rents to others for use of their rights. IPR owners may also use terms of IPR licences to regulate downstream activities of their distributors, such as imposing exclusivity, territorial restraints and price restraints. Competition law, on the other hand, is directed at curtailing such market power which may prove harmful to economic welfare.… More…/更多

Renewable Projects in Hong Kong may Lead to Additional Reward?

Posted in Foreign Investment, International Trade

By: Andrew Tan, a Partner Arculli Fong & Ng (in association with King & Wood, PRC Lawyers)

1.Introduction

On 6 June 2008, the Government of the Hong Kong Special Administrative Region (the “HKSAR”) announced the “Arrangements for the Implementation of Clean Development Mechanism (“CDM”) Projects in the Hong Kong Special Administrative Region” (the “Implementation Arrangements”). The Implementation Arrangements have been developed following consultations between the National Development and Reform Commission (… More…/更多

Anti-ambush Marketing Measures for the Beijing 2008 Olympic Games

Posted in Corporate, Foreign Investment, International Trade

By Wang Rui, Partner, King & Wood’s Olympic Group

As consideration for obtaining Olympic marketing rights, the official sponsors have contributed considerable funds and goods to the Olympic Games. The strong support of sponsors is crucial to the successful staging of every edition of the Olympic Games. As such, the International Olympic Committee (“IOC”) views the protection of the sponsors’ rights as an important aspect in the preparation and organization of the Olympic Games. The Government of the Beijing Municipality and Beijing Organizing Commit… More…/更多

召回?召回!

Posted in International Trade

作者: 李咏梅 诉讼仲裁组 国内诉讼部

近年来,“中国制造”频频被曝存在质量问题。从水产养殖产品到牙膏,从沙滩车到汽车轮胎,从玩具到手机……中国出口产品在国际市场引发“信任危机”。同时,国内 “手机爆炸”到 “欣弗”等产品缺陷致人死亡事件,也频频牵动人们的神经,产品安全问题一再凸现在国人面前。… More…/更多