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

By Susan Ning and Ding Liang

On 29 December 2010, the National Development and Reform Commission (NDRC) issued rules entitled Procedural Rules on Administrative Enforcement of Anti-price Monopoly (procedural rules).  These procedural rules provide further guidance as to how Chapter 6 of the Anti-Monopoly Law (AML), entitled "Investigation of Alleged Monopoly Acts" operate.  Chapter 6 of the AML outlines the investigation powers of the antimonopoly authorities. 

This is the first time that the NDRC has issued any procedural rules in respect of the AML.

Continue Reading Procedural Rules re Administrative Enforcement of Anti-Price Monopoly – effective 1 February 2011

By Susan Ning, Ding Liang, Shan Lining and Angie Ng

On 29 December 2010, the National Development and Reform Commission (NDRC) issued rules entitled "Rules on Anti-Price Monopoly"(rules).  These are the first rules to provide further guidance in relation to the price-related prohibitions of the Anti-Monopoly Law (AML). [Note: The NDRC issued these rules in draft form for the first time in September 2009.]  The rules will be effective as of 1 February 2011.

Broadly, the rules expand on and provide further guidance to the prohibitions against anticompetitive agreements and against an abuse of dominance within the AML.
 

Continue Reading Rules on Anti-Price Monopoly – effective 1 February 2011

By Susan Ning, Huang Jing and Angie Ng

We often receive queries from clients in relation to whether group restructures need to be notified to the Ministry of Commerce (MOFCOM) for antitrust merger control clearance.

This article provides some general guidance as to when a group restructure needs to be notified to MOFCOM for antitrust merger control clearance.

Continue Reading When do group restructures need to be notified?

By: Richard Wigley ofKing & Wood ‘s Intellectual Property Group

Perceptions (and Misperceptions) of IPR Lawsuits in the P.R.C.

There is no question that many foreign companies operating in the People’s Republic of China struggle with the protection of their intellectual property rights ("IPR"). The concerns of companies with protecting their valuable IPR in a developing country such as the P.R.C. are legitimate and serious. Though many of the executives and attorneys of these companies may view themselves as "old China hands" and have many years of experience in fighting to protect their IPR in the P.R.C., many more are relative newcomers to China and their views of IPR protection are shaped by not only their own experience, but by the perceptions of others, which may or may not be valid. For instance, some overseas business executives or legal counsel on occasion may voice their view that pursuing litigation as a foreign firm against a P.R.C. company over an alleged infringement in a P.R.C. court is a waste of time and money, as either they have little chance of prevailing, or, if they should prevail, the damages awarded will be so small as to not provide any substantive deterrent. Though every alleged infringement is case-specific, it is, however, useful to separate the perceptions (and misperceptions) from the realities of foreign-related IPR litigations in the P.R.C.

Continue Reading Challenging Perceptions: New Statistics from the Supreme People’s Court on IPR Lawsuits in the PRC