作者：金杜律师事务所
金杜律师事务所作为香港法及中国法律顾问，协助吉林市拓普贸易有限公司及其附属公司吉林纤维有限公司完成对吉林奇峰化纤股份有限公司（“奇峰化纤”）的私有化，交易金额达4.75亿港元。奇峰化纤H股已于今天在香港联交所摘牌。
King & Wood Mallesons (KWM) has acted as Hong Kong and PRC counsel to Jilin Top Trading Co. Ltd. and its subsidiary Jilin Fiber Co., Limited on the HK$475 million privatisation of Jilin Qifeng Chemical Fiber Co., Ltd., a company listed in Hong Kong. The withdrawal of listing of its H shares from the Stock Exchange has taken place today. Continue Reading 金杜助力吉林奇峰化纤股份有限公司完成私有化
By Cecilia (Xianying) Lou, Mark (Guangrui) Fu King & Wood Mallesons’ Corporate & Securities group.
This article was first published in the June 2017 edition of CSj, the journal of the Hong Kong Institute of Chartered Secretaries and published by Ninehills Media Ltd. It aims to give an introduction to China’s Cybersecurity Law which becomes effective this month, and assess the implications of the law for companies with a business presence in both Mainland China and Hong Kong. Continue Reading A Brief Introduction to China’s Cybersecurity Law
By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.
At the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China. Continue Reading How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
By Xu Jing King & Wood Mallesons’ IP group.
The specific measures established in this case provide a guiding standard to determine essential factors of irreparable damage to a patented design. This case serves as guidance and reference for handling other similar cases. Continue Reading Christian Louboutin’s fight against counterfeits of their lipsticks in China
By Ni Zhenhua King & Wood Mallesons’ IP group.
The exemplary case of SAP SESAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. It is also the world’s third largest independent software supplier, with more than 102,500 enterprises in 120 countries worldwide using SAP software and over 80% of Fortune 500 enterprises benefiting from its management solutions. In the 1980s, SAP SE entered the Chinese market. Thanks to its successful operation over three decades, it has won great recognition in China. Continue Reading Protecting foreign copyright in China: how is compensation for damages calculated?
作者：莫里斯 & 莱荔
2017年5月下旬，排名世界第一的中国围棋选手柯洁与人工智能届的顶级明星AlphaGo大战三场，最终以三战全部告负的结果惨淡收官。这场举世瞩目的对弈为这个诞生于谷歌子公司deepmind实验室里的机器怪物正式加冕，AlphaGo将最强人类挑下马，成为围棋界理论上的头号种子。
既然在需要高度技巧与经验的围棋博弈中，机器人也已进化至“打遍天下无敌手”的境界，那么在存在更多重复性工作和手工工作的劳动力市场，未来机器人会代替普通就业者吗？对于人类，人工智能究竟是敌是友？ Continue Reading AI会引发失业潮吗？
“Big Data”, one of the hot topics in recent years, has been widely discussed. The impact of “Big Data” on competition interests both practitioners and scholars. The major concern from antitrust perspective is whether “Big Data” could facilitate monopoly, especially in the platform economy where data could be easily accessed or collected by platforms from multiple sides of the market. The purpose of this article is to review the role of data in different stages of platform development and analyze the possibility of monopoly based on the interplay between data and platforms. We will also discuss when and how authorities should intervene with the anti-competitive behaviors in the platform economy driven by “Big Data” in different scenarios. Continue Reading Could“Big Data”Facilitate Monopoly and How Shall We Step In?
作者：金杜律师事务所
2017年6月8日至9日，第九届中国反腐败合规峰会在北京召开。本次峰会汇集了200多位来自世界500强企业的首席合规官、总法律顾问、法务总监等业界精英，共同探讨反腐败合规最近进展及挑战、企业合规运营经验等众多业内热点问题。金杜律师事务所争议解决业务团队合伙人吴巍受邀在本次峰会上做主题演讲。
By Teng Haidi and Yu Qing King & Wood Mallesons’ Dispute Resolution group
With the Belt and Road initiative likely to drive significant outbound investment by Chinese companies, the ability to enforce foreign arbitral awards in the People’s Republic of China (PRC) will be a key issue for these companies and their Belt and Road counterparties. Continue Reading Recognition and Enforcement of Foreign Arbitral Awards in the PRC
“一带一路”倡议很可能大幅推动中国企业对外投资，对这些企业及其“一带一路”投资中的交易相对方来说，如何在中华人民共和国（中国）执行外国仲裁裁决将成为尤为重要问题。