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

Online infringement of copyright works in the P.R.C. has been a major problem for rights holders since the advent of the Internet. High rates of infringement have presented real challenges to content owners hoping to monetize their content in China’s fast-growing online world. While civil, administrative and criminal actions are all available as possible means of seeking recourse and establishing deterrents, in practice, they all have distinct advantages and disadvantages. In the case of bringing criminal action against alleged copyright infringers, establishing that the alleged infringers qualify for criminal prosecution has at times proven problematic. Some additional assistance to rights owners, however, is now available.

Continue Reading New Guidelines for Criminal Prosecutions of Online Copyright Infringement Provide Aid in Fight against Online Piracy

By Ariel Ye and James Rowland

On 29 December 2010 the Information Office of the State Council (China’s cabinet) published a report detailing China’s past and present anti-corruption efforts (the "White Paper").1 This has been followed in quick succession by the publication of a report including the key facts and figures relating to China’s anti-corruption efforts in 2010 and a public statement by President Hu Jintao in his address to the Central Commission for Discipline Inspection that the Chinese government will wage a more forceful fight against corruption in future and that "More efforts should be made to investigate graft in key industries and key posts".2

Continue Reading Details of China’s Efforts to Combat Corruption and Build a Clean Government Published in State Council White Paper

作者：叶渌、罗必成 金杜争议解决组

2010年12月29日，国务院新闻办公室发布了一份详细介绍中国过去及目前反腐败建设的报告（以下称“白皮书”）1。 中国政府之前发布了关于2010年反腐败建设主要事实和数据的报告。此外，国家主席胡锦涛在中央纪律检查委员会全体会议上的公开讲话中表示，中国政府将会采取更强有力的措施遏制腐败，并且“应该加大对重要行业中贪污和重要职位贪污的调查”2 。在此基础上，中国政府发布了白皮书。

Continue Reading 《中国的反腐败和廉政建设》白皮书内容盘点

By King & Wood’sTrademark Practice

No. Trademark Owner Class Goods / Service
1   Sony Kabushiki Kaisha (Also Trading As Sony Corporation) 9 Cinematographic apparatus; sound and image recording, transmitting and reproducing apparatus; data processing apparatus; computer
2

Martell & Co 33 Alcoholic drink
3 Bayerische Motoren Werke Aktiengesellschaft 12 Automobiles, motorcycles and parts thereof
4

  (Remy Martin in Chinese)

 E.Remy Martin & Co. 33 Alcoholic drink (except beer)
5 Sheraton International, Inc. 43 Hotel
6 Yahoo! Inc. 42 Providing internet search engine
7 Apple Inc. 9 Computer; portable computer
8 TOTAL SA 4 Industrial oil and grease; lubricant oil
9

(Honda in Chinese)

 Honda Giken Kogyo Kabushiki Kaisha 12 Sedan; motorcycle; electrical vehicles
10 Toyota Motor Corporation 12 Automobiles
11

(Kewpie in Chinese)

 Kewpie Kabushiki Kaisha. 30 Mayonnaise; salad dressings
12 Kabushiki Kaisha Kenwood (Also Trading As Kenwood Corporation ) 9 Wireless audio and video devices, etc.
13 Toto Ltd. 11 Transparent sanitary ceramics; taps; water supply and sanitary parts and fittings, etc.
14

 

HOYA CORPORATION 9 Eyeglasses, eyeglasses lenses, etc.
15

   

MONDO SPA 28 Plastic track

 

By King & Wood’sTrademark Practice

In September 15, 2010, WIPO released the World Intellectual Property Indicators for 2010. According to the report, the global financial crisis has affected the innovation activity in 2008 and 2009 and the growth data shows a slowdown. Yet China has shown strong growth in trademark filings. While total trademark applications worldwide fell by 0.9% in 2008, China saw 20.8% growth. The total number of trademark registrations worldwide grew by 7%, which China accounted for around 90% of the growth.

Continue Reading China Stands Out in Trademark Applications

By: Susan Ning, Shan Lining, Liu Jia and Angie Ng

On 7 January 2011, the State Administration of Industry and Commerce (SAIC) published the following 3 rules which accompany the Anti-Monopoly Law (AML):

(a) Rules in relation to Conduct amounting to Monopoly Agreements (Monopoly Agreement Rules);
(b) Rules in relation to Conduct amounting to Abuse of Dominance (Abuse of Dominance Rules); and
(c) Rules in relation to Conduct amounting to Abuse of Administrative Powers (Abuse of Administrative Powers Rules).
 

Continue Reading 3 rules which shed light on non-price violations of the Anti-Monopoly Law – effective 1 February 2011

By Susan Ning, Chai Zhifeng and Angie Ng

On 4 January 2011, the National Development and Reform Commission (NDRC) fined the Zhejiang Fuyang Paper Making Industry Association (the Association) for facilitating its members in relation to engaging in monopoly acts, in breach of both the Anti-Monopoly Law (AML) and the Price Law (PL)1.

This is the first enforcement action (in respect of price-related breaches of the Anti-Monopoly Law) by the NDRC in 2011.

Continue Reading First price enforcement action by the NDRC in 2011 – against paper association

Mark Schaub , King & Wood’s Corporate Group and Shanghai office

On March 1st 2011 New Regulations take effect on Registration of Resident Representative Offices of Foreign Enterprises (“Regulations”).

The Regulations clarify the Circular on Further Strengthening the Registration Administration of Foreign Enterprises’ Resident Representative Offices issued by the State Administration for Industry and Commerce (SAIC) and the Ministry of Public Security on January 4, 2010, and will replace the Measures for the Administration of Registration of Resident Representative Offices of Foreign Enterprises that were promulgated by SAIC all the way back in March 15, 1983 (“Previous Regulations”).

Continue Reading China’s New Regulations “Crackdown” on Foreign Rep Offices

By: Mark Schaub and Luo Bin, King & Wood’s Corporate Group and Shanghai Office

On December 14, 2010, the State Administration of Taxation (“SAT”) promulgated an Announcement on Issues Concerning the Verification of Taxation Basis of Individual Income Tax Payable on Equity Transfer Income (“Announcement”). The Announcement will come into effect on January 14, 2010.

Continue Reading PRC Tax Authorities Take a Closer Look at Low Share Transaction Prices