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By Susan Ning, Chai Zhifeng and Yin Ranran

In November 2009, the Ministry of Commerce of China ("MOFCOM") issued the decision to clear the Panasonic/Sanyo deal with conditions, one of which is for Panasonic to divest its nickel-hydride car batteries business in Japan.  On February 9, 2011, the sale was sealed with Panasonic selling this business to Hunan Corun New Energy Co., Ltd. for about RMB 40 million.Continue Reading Issues to consider when divesting business in the context of a conditional clearance case

By Richard  Wigley of King & Wood’s Intellectual Property Group

As much as one may love to sit down with a nice hardcover book from one’s favorite author, those days are changing, like much else in our lives in the digital age. The transition from obtaining information via traditional books to digital readers is growing around the world. It is estimated by DisplaySearch that the number of digital readers in China had grown to "3 million in 2010, which [] account[ed] for 2% of the global market." 1 Aside from the current market leader globally, the Amazon Kindle, numerous Chinese manufacturers have also entered this marketplace with competing products, 2 including many "shanzhai" or imitation products. 3 It is indeed a market with promise, even more so when one considers that with over 400 million internet users in China4 and well over 200 million users in China accessing the internet via mobile phones,5 the means to access e-books via various devices will only continue to grow.Continue Reading China’s e-Book and Digital Reader Markets Grow, while Legal and Technological Protections of Copyright Provide a Welcome Assist

By Susan Ning and Huang Jing

Partly driven by the QQ-360 disputes (see our article entitled " The QQ / 360 Disputes – Who, What, Where, When and Preliminary Antitrust Analysis"), the Ministry of Industry and Information Technology  (MIIT) released the Interim Rules for Supervision and Management of Internet Information Service Market (Draft for Comment) (Draft Rules), on 12 January 2011.

The objective of the Draft Rules is to safeguard the competitive environment in relation to the internet information service industry, and to safeguard consumers’ interests. Broadly, the Draft Rules sets out the code of conduct for internet information service providers (IISP), and dispute resolution mechanisms. Continue Reading MIIT releases draft rules which govern antitrust issues

By Susan Ning and Liu Jia

Two and half years after the enactment of the Anti-Monopoly Law (AML), the anti-trust authorities in China (i.e. the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC)) issued detailed rules prohibiting abuse of dominance within their respective remit.Continue Reading Comparison of the NDRC rules and the SAIC rules on Abuse of Dominant

By Richard  Wigley of King & Wood’s Intellectual Property Group

Hollywood and Hong Kong film studios have long struggled to monetize their content in China. Though revenues from traditional movie theaters are growing rapidly, the real action may be found in the online market, where Chinese youth prefer to obtain their entertainment (i.e. film and television programming). How then can a content owner best take advantage of this rapid movement to online viewing in today’s China?Continue Reading China’s Online Video Providers struck by PRC Copyright Enforcement and a shifting Market are forced to transform.

By Susan Ning and Ding Liang

Since the enactment of the Anti-Monopoly Law (AML), the antitrust enforcement authorities in China (i.e. the National Development and Reform Commission (NDRC)) and the State Administration for Industry and Commerce (SAIC)) have issued procedural rules, detailing how they will go about an investigation and adjudication of an alleged breach of the Anti-Monopoly Law (AML).Continue Reading SAIC and NDRC Procedural Rules under the Anti-Monopoly Law – what are the Differences?

By Susan Ning and Liu Jia

As the Spring Festival approaches, the National Development and Reform Commission ("NDRC") has ordered local price authorities to step up enforcement efforts against price fraud conducts by retail stores, upon widespread consumer complaints.  On 26 January 2011, NDRC issued an announcement titled "Retail stores such as Carrefour are suspected of price fraud, local price authorities will hand out grave penalities" , condemning price fraud conducts by retail stores, based on investigations by local price authorities.Continue Reading NDRC condemns price fraud conducts by retail chains

By Ariel Ye, James Rowland and Richard  Wigley  of King & Wood ‘s Dispute Resolution Group and Intectual Property Group

Introduction

By asserting rights which Motorola and Nokia Siemens Networks undoubtedly consider legitimate, and relevant to the protection of their interests in the wireless infrastructure market, Huawei has taken a meaningful step towards the successful resolution of its differences with Motorola over the sale of its wireless network assets to one of Huawei’s competitors. If Huawei had not taken this step before the US Federal District Court, then Huawei and Motorola may have spent years in private commercial arbitration of this issue, achieving no meaningful outcome.Continue Reading Assertion of Huawei’s IP Rights: A lesson for China-outbound Investors

作者：叶渌、罗必成及韦理察    金杜争议解决组和知识产权组

简介

虽然在摩托罗拉和诺基亚西门子网络有限公司（下称“NSN”）看来，华为所主张的权利应是他们的合法权利，并且事关两者对基础无线网络领域利益的保护，但是华为采取的这种方式，是解决其与摩托罗拉之间关于向NSN（华为的竞争对手）转让无线网络资产的分歧的有效步骤。倘若华为不向美国联邦地区法院提起申请的话，华为和摩托罗拉可能要为此在保密的商业仲裁程序上耗费几年时间，并且毫无结果。Continue Reading 华为在美国联邦州法院主张其知识产权：为中国境外投资企业上了一课

By King & Wood’s Trademark Practice

Foreign companies often have concerns regarding whether the litigation process in an overseas venue will be efficiently handled by the relevant courts. In China, given the large increase in IP-related lawsuits in recent years, this is a reasonable concern. In 2009, P.R.C. courts had concluded 6,262 cases with a yearly increase of 31.89%. 1With such an upsurge in litigation, the P.R.C. courts have faced a very significant challenge.Continue Reading P.R.C. Courts Show Improved Efficiency in Handling Foreign-related IP Lawsuits