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 By Fu Haiying, Partner, King & Wood’s IP Department

On April 24, 2009, the Changsha Intermediate People’s Court (the "Court") made a judgment in Michelin Group vs. Tan Guoqiang and Ou Can. In this first instance, the Court ruled that the Defendants, tire dealers Tan Guoqiang and Ou Can, infringed upon the Plaintiff’s exclusive right to use the registered trademark, "MICHELIN & Device," by selling imported Japanese-made tires (targeting the Brazilian market) without consent from the trademark owner and without obtaining a Chinese Compulsory Product Certification ("3C Certification").Continue Reading Trademark Infringement in Parallel Importation

By Susan Ning, Huang Jing and Angie Ng, King & Wood’s Competition Practice

We understand that the SAIC is currently working on draft guidelines (the guidelines) which will shed light on how Article 55 of the Anti-Monopoly Law (AML) will be enforced. It has been reported in the press that the SAIC has published a 4th draft of these guidelines and are currently consulting with the relevant stakeholders (we understand that these drafts are not publicly available). Continue Reading IP rights and Antitrust – Awaiting Guidelines (and the Tsum-Sony Case)

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

In September 2010, Wuxi Baocheng Vehicle Cylinder Inspection Co. Ltd (WB) filed a civil suit to against Wuxi China Resources Gas Co., Ltd (WCR), alleging that the latter abused its dominance, in breach of the Anti-Monopoly Law (AML) (the “WB-WCR case”). WB is engaged in the business of inspecting and installing compressed natural gas vehicle cylinders. WCR owns and operates natural gas filling stations. WB alleged that WCR abused its dominance by refusing to fill natural gas for a vehicle that was installed with a natural gas cylinder installed by WB, in breach of Article 17(3) of the AML. (1)

Continue Reading Natural Gas Cylinders and Abuse of Dominance

陈希佳、 罗千里
自2008年5月“马先生”在台湾地区开始执政以来，两岸关系日趋密切。首先，2008年6月举行第一次陈江会谈，议定两岸周末包机与大陆地区居民赴台旅游事宜；随后，2008年11月，第二次陈江会谈签署了两岸空运、海运、邮政及食品安全等四大协议；2009年4月，第三次陈江会谈除了签署《海峡两岸共同打击犯罪及司法互助协议》、《海峡两岸金融合作协议》及《海峡两岸空运补充协议》等三项协议外，最重要的是两岸达成“共同推动陆资来台投资”的共识，台湾地区也因此开始修订与实施一系列关于陆资来台的“法令”。Continue Reading 陆资来台：春江水暖谁先知

 By Helena Chen and Charles Law, King & Wood’s Cross-Strait Research Group

Since the beginning of Ma’s leadership in Taiwan in May 2008, cross-strait relations have grown considerably closer. For example, the First Cheng-Chiang Summit in June 2008 expanded direct passenger flights and facilitated mainland residents’ travels to Taiwan. The Second Cheng-Chiang Summit in November 2008 explored issues relating to air transportation, shipping links, direct mail services, and food safety. In addition to establishing a consensus on jointly promoting PRC investment in Taiwan, the Third Cheng-Chiang Summit in April 2009 gave way to three agreements: Agreement on Joint Cross-Strait Crime-fighting and Mutual Judicial Assistance, Cross-Strait Financial Cooperation Agreement, andSupplementary Agreement on Cross-Strait Air Transport. As a result, Taiwan began amending and implementing laws and regulations concerning mainland investment in Taiwan.Continue Reading Mainland Investment in Taiwan: Who Is the First to Take Advantage of Economic Deregulation?

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

In late August 2010, it was reported in the press that at least 10 antitrust private actions have been heard in the courts in China (see Two years on, ten private antitrust actions). This article describes one of the cases – Huzhou Yiting Termite Prevention Service Co., Ltd vs. Huzhou Termite Prevention Research Institute (an alleged abuse of dominance case) – in detail.Continue Reading Termites and Abuse of Dominance

宁宣凤、丁亮、Angie Ng ，  金杜反垄断及反不正当竞争组

据相关媒体报道，截止到2010年8月下旬，国内法院共受理了至少10件反垄断民事诉讼案件（参见“近两年内的十件反垄断案件”）。

本文将就北京书生公司诉上海盛大、上海玄霆公司滥用市场支配地位一案的判决进行详细解读。Continue Reading 书生电子公司诉盛大网络、玄霆公司 滥用市场支配地位一案被判驳回

By Susan Ning, Ding Liang and Angie Ng, King & Wood’s Competition Practice

In late August 2010, it was reported in the press that at least 10 antitrust private actions have been heard in the courts in China (see Two years on, ten private antitrust actions).

This article describes one of the cases – Sursen v Shanda and Xuanting (an alleged abuse of dominance case) – in detail.Continue Reading Sursen v Shanda and Xuanting – Abuse of Dominance Case Dismissed

宁宣凤、Angie Ng、郑孜青，金杜反垄断与反不正当竞争组

由于中国是世界制造中心，在这里企业之间的纵向服务合同或协议（如生产商与经销商之间）非常普遍，因此，中国反垄断法中有关规范纵向限制（如限制转售价格行为）的法律规定显得尤为重要。Continue Reading 中国法律对限制转售价格行为的规范

By Susan Ning, Angie Ng and Zheng Ziqing, King & Wood’s Competition Practice

Antitrust or competition law rules governing vertical restraints (such as resale price maintenance) are significant in China because as a manufacturing “hub”, vertical contracts or agreements such as manufacturer-distributor agreements are very common.

This article outlines the rules governing resale price maintenance (RPM), pursuant to the Anti-Monopoly Law (AML); and compares these rules to the rules governing RPM pursuant to the European competition law.Continue Reading Rules Governing Resale Price Maintenance in China