By King & Wood Mallesons’ Compliance  Team

Many of our clients have expressed concern about the legal liabilities faced by senior management of state owned enterprises (“SOE”). As defined by law, senior management of an SOE generally includes legal representatives, directors, supervisors, and other employees classified as senior management. As these employees have special status and responsibilities, they may in certain circumstances bear criminal, civil, administrative or economic liability for their own acts or those of the SOE.
Continue Reading Liabilities Faced by SOE Senior Management

By Wu Wei and Su Shaohua King & Wood’s Dispute Resolution Group

Under China’s anti-bribery laws, the value of bribes in commercial bribery cases is calculated on a cumulative basis in the conviction and sentencing process. However, such calculations may yield varying results in practice. According to our experience, due to a lack of clarity in the law and various policy rationale for fighting corruption, cumulative calculations give rise to risks of criminal liability, whether seen as accepting or offering bribes.

I. Calculation of Value for Bribes Accepted

A. Legislation

a. The second paragraph of Article 383 of the Criminal Law of the People’s Republic of China(1) ("Criminal Law") provides:" Toward those who have committed repeated crimes of graft, all amounts of graft of unhandled cases are to be added in meting out punishment." Article 386 of Criminal Law provides:" whoever commits the crime of accepting bribes is to be punished on the basis of Article 383 of this law according to the amount of bribes and the circumstances. A heavier punishment shall be given where a bribe was specifically demanded."

Continue Reading Calculation of Value in Commercial Bribery Cases

作者:吴巍 苏少华 金杜律师事务所争议解决

对贿赂犯罪定罪量刑时,行贿受贿数额在何种情形下会被累计计算,实务中的做法不统一。在司法实践经验中,由于法律规定不够明确、打击腐败的政策等原因, 无论是受贿还是行贿均存在被累计计算的法律风险。具体分析如下:




Continue Reading 商业贿赂数额累计计算问题

By King & Wood Intellectual Property Group

Liu Zhaolong, a Chinese national, was found to have purchased raw wine, bottles, bottle caps, labels, bottle capping equipment and other illegal materials and tools, and manufactured counterfeit wines imitating Chivas, Remy Martin, Ballantine’s, Jack Daniels, Martell, Hennessy, Royal Salute and other famous wine brands. Liu filled the counterfeit wines and distributed them to several cities in China, the illegal turnover of which has been over RMB 200,000 (around US$31,250). As a result, Beijing Daxing District Court found that Liu Zhaolong had violated the provisions of Article 213 of the Criminal Law of China and committed the crime of counterfeiting a registered trademark.

Continue Reading Criminal Liability: the Last Resort for Trademark Protection



Continue Reading 恶意仿冒马爹利等知名洋酒品牌获刑—-刑事责任,商标保护的最后一道屏障