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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。
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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

By Yuan Min, Partner, King & Wood’s Insurance Group

Recently, the Associated Press reported that the New York State Attorney General has served subpoenas on two major multi-national life insurers as part of that office’s inquiry into those companies policies for paying death benefits to life insurance policyholders’ beneficiaries. This news comes after Bloomberg News reported that the United States’ Department of Veterans’ Affairs has begun an investigation into the possibility that life insurance companies are improperly benefiting by holding onto death benefit proceeds after these should have been paid to death benefit beneficiaries.Continue Reading US Insurance Inquiry – Possible Fallout for China?

 By Susan Ning, Jiang Liyong and Angie Ng, King & Wood’s Competition Practice

On 5 July 2010, the Ministry of Commerce (MOFCOM) enacted regulations which set out the rules and procedures to do with divesting assets. These regulations are entitled “Interim Regulations on Implementing the Divestiture of Assets or Businesses in Concentration of Business Operators” (divestiture regulations). A copy of the divestiture regulations are located here.
 Continue Reading Regulations on Divesting Assets – Enacted

 By Susan Ning, Ding Liang and Jiang Liyong, King & Wood’s Competition Practice

In mid-August, it was reported in the press(1)  that the National Development and Reform Commission (NDRC) had received complaints that the commercial banks in China have engaged in price-fixing conduct. Pursuant to the Anti-Monopoly Law, conduct amounting to price-fixing is prohibited. Continue Reading Collusive Behaviour Amongst Banks?

By Li Jinnan, Partner, King & Wood’s Banking & Finance Group

In order to support outbound investment projects of domestic PRC entities, to meet the policy demands of domestic credit support, and to further facilitate trading and investing, the State Administration of Foreign Exchange ("SAFE") on July 30th, 2010 promulgated the Notice on the Administration of Overseas Security by Domestic Entities (the "Notice"), which came into effect as of the date of promulgation. This Notice relaxes the restrictions on financing of outbound projects.Continue Reading New SAFE Regulations Support Financing of Outbound Deals

 By Susan Ning, Shan Lining and Liu Jia, King & Wood’s Competition Practice

On 13 August 2010, the proposed acquisition of Alcon, Inc (Alcon) by Novartis AG (Novartis) was approved by the Ministry of Commerce (MOFCOM), with conditions. MOFCOM’s public announcement in relation to this acquisition is located here. This is the 6th merger that has been approved with conditions, since the enactment of the Anti-Monopoly Law (AML) in 2008.(1)Continue Reading Novartis’ Acquisition of Alcon – Cleared with Conditions

 By Susan Ning, Shan Lining and Angie Ng, King & Wood’s Competition Practice

On 12 August 2010, the PRC Ministry of Commerce (MOFCOM) hosted a “stocktake” briefing to mark the second anniversary of the Anti-Monopoly Law (AML).(1)  Director-General of the Anti-Monopoly Bureau Shang Ming chaired the briefing. MOFCOM’s transcript of this briefing is located here. The following were the salient points raised during the briefing.

Continue Reading Second Anniversary of China’s Anti-Monopoly Law – MOFCOM’s Stocktake