By Ariel Ye, Partner, Dispute Resolution, King & Wood Beijing *
In a recent session held May 29, 2010, the International Bar Association (the “IBA”) Council approved the 2010 revision to the IBA Rules on the Taking of Evidence in International Arbitration (the “Rules”).
Continue Reading Keeping pace with the times…. the revised IBA Rules of Evidence
By Susan Ning, Ronald Arculli, Peter Waters, and Angie Ng of King & Wood and Gilbert + Tobin (1)
Hong Kong’s Competition Bill (the Bill) was gazetted on 2 July 2010.(2) Formal public consultations on a cross-sector competition law for Hong Kong commenced in 2006. The Bill will be tabled in Hong Kong’s Legislative Council (LegCo) on 14 July 2010. When the Bill becomes law, it will be known as the Competition Ordinance (CO).
By Mark Schaub, Partner, Corporate, King & Wood Shanghai
On May 19, 2010, the People’s Bank of China (“PBOC”) issued a new set of regulations for online payment service providers that will take effect on September 1, 2010. The new regulations bring payment services within the banking regulatory scheme.
Continue Reading China Retailers Beware…New Payment Restrictions may Impact your Revenue Channels!
By Kenneth Choy, Partner, King & Wood – Hong Kong
At times, an international company may find that their application for registration of a trademark is rejected by the Chinese Trademark Office. When this happens and all administrative appeals are exhausted, are there alternative means of brand protection available in China?
Continue Reading Copyright Protection for your Brand when Trademark Protection is Unavailable
By Mark Schaub, Partner, Corporate, King & Wood Shanghai
China’s first Renewable Energy Law came into effect on 1st January 2006 and serves as a basis to meet goals like reducing air pollution; protecting human health and the environment; strengthening and developing energy supply to rural areas; promoting investment and development of renewable energy; etc. The PRC Renewable Energy Law is also a framework for various provincial government agencies and local authorities which implement the law in a large number of more detailed plans, rules and regulations. After four years of rapid change and expansion of China’s renewable energy sector, the Standing Committee of the National’s People’s Congress passed amendments to the Renewable Energy Law in December 2009, which now came into effect on 1 April 2010.
By Mark Schaub, Partner, Corporate, King & Wood Shanghai
See also: King & Wood‘s Tax Practice.
On February 20, 2010, the State Administration of Taxation (SAT) issued the “Measures for the Administration of Taxation on Representative Offices of Foreign Enterprises” (Guo Shui Fa [2010] No. 18) (the “Rep Office Tax Measures”) to reform the taxation rules applicable to representative offices of foreign enterprises in China (“Rep Office”). The Rep Office Tax Measures, which are retroactively effective from January 1, 2010, revise existing Rep Office taxation rules inter alia by abolishing previous tax exemptions and increasing the minimum deemed profit rate. Prior to effectiveness of the Rep Office Tax Measures, Rep Offices were taxed in one of three ways, (i) based on their actual profits (“Actual Profit Method”), (ii) based on their “deemed profits” (“Deemed Profit Method”) or (iii) not subject to tax (“Tax Exemption”) when certain criteria were met. The major changes brought about by the Rep Office Tax Measures include:
By Li Ruihai and Su Juan, King & Wood’s IP Department
Patent ownership disputes arise, when a party challenges the ownership of a patent right at the State Intellectual Property Office (SIPO) and files suit with the People’s Court to seek rectification of the ownership of the patent. Article 135 of the General Principles of Civil Law of the PRC (Civil Law) provides that "unless otherwise stipulated by law, the statute of limitations to file civil actions with the People’s Court shall be 2 years." The PRC Patent Law (Patent Law) provides no specific provision regarding the statute of limitations in patent ownership disputes. Hence, issue arises as to whether the court can, upon the defendant’s request, dismiss the plaintiff’s claim for patent ownership due to the statute of limitations for civil actions.
Continue Reading Limitation of Actions Regarding Patent Ownership Disputes
肖马克（合伙人） 金杜公司组 上海分所
每一家跨国公司都需要制定一个中国业务发展战略。中国经济在全球金融危机冲击下的坚韧表现使其对海外投资者愈发具有吸引力。不过问题是，投资公司应如何就个案项目中的潜在风险和机会做出真实的评估呢？
By Mark Schaub, Partner, Corporate, King & Wood Shanghai
Every multinational company needs a China strategy. The country’s resilient economic
performance during the global downturn has made it even more attractive to some overseas
investors, but how should such companies arrive at a realistic appraisal of the potential
risks and opportunities of a specific deal?
By Ariel Ye and James Rowland, King & Wood’s Cross Border Litigation & Arbitration Group
Many foreign business operators report that they are concerned about the risks associated with entertaining their business partners in China, even when providing meals or offering to pay for travel and accommodation costs of a low value.