1. 介绍
英国《2010年反腐败法案》（c.23）（以下称“《法案》”）于2010年4月8日获得御准并将于2011年4月生效。[1]
《法案》规定的两项一般性罪名取代了普通法项下以及之前英国成文法项下的腐败相关罪名[2]（这些法律规定因缺乏明晰性并且使用术语不一致而广受诟病[3]）。第一项罪名包括在诱导或者酬谢不当行为的意图下提供、许诺或者给予好处[4]（行贿罪），第二项罪名涉及要求、同意接受或者接受不正当的好处或者不当行为的引诱或酬谢[5]（受贿罪）。《法案》同时创设了一项独立的罪名——贿赂外国公职人员罪以及另一项新的罪名，即商业机构未能预防贿赂罪。[6]《法案》确保反贿赂法律平等适用于任职于公共机构以及被选出的私人机构的人员的贿赂行为，且不在两者间存在任何歧视待遇。[7]
By: Ariel Ye and James Rowland
I. Introduction
The UK Bribery Act 2010 (c.23) (the “Act”) received royal assent on 8 April 2010 and will come into force in April 2011.[1]
The Act replaces the offences of bribery at common law and under earlier UK statutes[2] (which received much criticism for their lack of clarity and use of inconsistent terminology[3]) with two general offences. The first covers the offering, promising or giving of an advantage with an intention to induce or reward improper conduct [4] (active bribery) and the second deals with the requesting, agreeing to receive or accepting of an advantage that is improper or is an inducement or reward for improper conduct[5] (passive bribery). The Act also creates a discrete offence of bribery of a foreign public official and a new offence where a commercial organization fails to prevent bribery.[6] The Act ensures that the law against bribery applies equally to the bribery of persons exercising public and selected private functions without discriminating between the two.[7]
背景：
在中国，较高的知识产权侵权率在近些年越来越受到中国境内外知识产权权利人的关注。尽管中国仍然是一个发展中国家，但是如此高的侵权率还是在一定程度上反映了中国经济体制存在的问题，这些侵权现象恰恰是中国经济发展的绊脚石。
By Richard Wigley of King & Wood’s Intellectual Property Group
Background on the Campaign
High rates of intellectual property rights (“IPRs”) infringement in China have in recent years been of increasing concern to foreign and domestic rights holders alike. Though, as China is a developing country, such high rates of infringement are, arguably, to some extent an economic structural issue, these infringements are seen as an impediment to China’s economic growth prospects. Furthermore, China has an obligation as a signatory of TRIPs (Agreement on Trade-related Aspects of Intellectual Property Rights) to maintain an effective regime for the protection of IPRs.
By: Susan Ning and Ding Liang
On 22 December 2010, the Minister of Commerce Chen Deming stated in his annual working report at the 2010 National Commerce Work Conference that the Ministry of Commerce (MOFCOM) intends to combine the following processes: (a) administration of foreign investment; (b) anti-monopoly merger control review; and (c) national security review from next year.
According to Minister Chen’s report, the main objective in combining the above mentioned processes is to "protect the security of domestic industries".
It is not clear how the processes in (a) to (c) as mentioned above will be combined or integrated. This article provides a brief overview of how the processes set out above are currently being conducted.
Interview with Mark Schaub, a partner with King & Wood’s Corporate Group.
Gasgoo.com: Mergers and Acquisitions (M&A in China) is not simply win-win for owners and companies. It’s also about win-win or win-lose for local governments. For example, small manufacturers provide jobs, taxes and gifts to local officials. If a larger manufacturer acquires a small one, jobs will move along with it. This is the main reason the industry is so spread out. No one wants to let go of jobs in their district. So what’s your opinion on dealing with the local government in an M&A case?
Continue Reading Fraud Investigation and Practical Solutions in the Acquisition Process
By: Susan Ning and Shan Lining
On 20 December 2010, the Beijing Second Intermediary People’s Court (the Court) issued a first instance ruling on an Anti-Unfair Competition Law dispute between Baidu (the largest Chinese search engine provider) and 360 (a large security software provider). The Court ruled in favor of Baidu, ordering 360 to pay damages amounting to RMB385,000.
At the time of writing, we were unable to obtain a copy of the first instance judgment – thus, this article sets out the facts of the case, based on public or press reports:1
Continue Reading The Baidu/360 Anti-Unfair Competition Dispute – First Instance Ruling
By: Susan Ning, Zheng Ziqing and Angie Ng
On 18 December 2010, Mr Shang Ming (Chief of the Antimonopoly Bureau, of the Ministry of Commerce or MOFCOM) delivered a speech at an academic conference entitled "International Symposium on Enforcement of China’s Anti-Monopoly Law in the New Economy" held at Beijing’s People’s University.
During Mr Shang’s speech, he revealed the following facts and figures about MOFCOM’s merger control regime:
By: Stephen Nelson and King & Wood’s Tax Group
Recently, China clarifies that individuals shall be liable for individual income tax (‘IIT’) on income derived from assignment of trade-restricted shares. According to the Supplementary Notice on Individual Income Tax Issues regarding Transfer of Trade-Restricted Shares (Caishui [2010] No. 70) (“Circular 70”), “trade-restricted shares” refers to shares which have been locked up during initial public offerings and notably, the following shares would be classified as trade-restricted shares:
Continue Reading Individual Income Tax Payable on Assignment of Trade-Restricted Shares
By: Susan Ning, Shan Lining and Angie Ng
On 17 November 2010, the National Development and Reform Commission (NDRC) organized a "price monopoly" workshop in Chengdu to take stock of: (a) developments in relation to price related breaches of the Anti-Monopoly Law (AML); and (b) developments in relation to provincial level price authorities and their enforcement of the AML (see our article entitled "Provincial Price Authorities and the AML" dated 20 November 2010.[1]