September 2010

By Susan Ning, Liu Jia, Huang Jing and Angie Ng, King & Wood’s Competition Group

BHP Billiton (BHP)(1), a global natural resources company, has recently launched a hostile bid (the bid) to purchase PotashCorp (Potash)(2), a leading potash producer based in Canada.
This proposed acquisition is likely to have an impact in the Chinese potash industry.Continue Reading BHP / Potash – and Chinese Antitrust

自去年年底以来,我们陆续收到一些外国企业有关中国”自主创新”政策的咨询,他们对该政策存有不少顾虑,担心这项政策会强迫其将知识产权转移到中国,或者会限制外国企业与中国本土企业的竞争,影响其在中国市场的经营。

Continue Reading 中国自主创新政策及其对外国知识产权所有人的影响

 By Peng Heyue,  King & Wood’s IP Department

Since the end of 2009, King & Wood has received regular requests from a number of foreign enterprises for advice on China’s ‘Indigenous Innovation’ Policy. These firms are concerned that the new policy will either force the transfer of their IP rights to China or will influence their business operations in the Chinese market by limiting their ability to compete with local domestic firms.

Continue Reading China’s Indigenous Innovation Policy and its Effect on Foreign Intellectual Property Rights Holders

By Susan Ning, Ding Liang and Shan Lining, King & Wood’s Competition Group

At the end of last month, it was reported in the press (for example see an article dated 29 August published in the Legal Daily, that since the enactment of the Anti-Monopoly Law (AML) in 2008, at least ten antitrust private actions have been heard in the courts. Continue Reading Two Years On, Ten Antitrust Private Actions

 By Li Jinnan and Jiang Hualiang, King & Wood’s Banking & Finance Practice

With the recent development of the service outsourcing industry, an increasing number of financial institutions (including banks, securities companies, insurance companies and fund management companies) use financial service outsourcing to reduce costs, enhance core competitiveness, and accomplish strategic goals. Financial institutions are able to benefit significantly from IT outsourcing, which is an important part of financial service outsourcing. At the same time, they must also confront the managing risks that are associated with IT outsourcing. Based on our past experience with counseling on IT outsourcing to financial institutions, the followings are the primary legal issues relating to the terms in and execution of  IT outsourcing agreements, using banking institutions ("banks") as examples. The discussion will focus on how banks should manage potential risks from negotiating such an agreement.Continue Reading Legal Issues on IT Outsourcing of Financial Institutions