In recent years, with the development and maturity of emerging technologies such as artificial intelligence and big data, China has ushered in an upsurge of high-tech entrepreneurship.  With the timely launch of the Science and Technology Innovation Board, domestic high-tech start-ups have become the most popular investment targets in the capital market.  Since intellectual property (“IP”) rights are the core value of high-tech start-ups and the high risk of investment, it has become the most concerned issue for investors before making investment decisions.  Therefore, more and more investors choose to entrust intermediary agencies to conduct specific due diligence on the target company’s IP rights before making investment decisions to understand the target company’s IP rights and provide extremely important information support for investment decisions.
Continue Reading Introduction to Intellectual Property Due Diligence

作者:Ian Hargreaves  Robert Bolgar-Smith  金杜律师事务所伦敦办公室





作者:尤杨、蔺楷毅 金杜律师事务所公司组

本文分两部分刊登, 2011年9月5日金杜法律博客(Chinalawinsight)刊登的了本文的第一部分。文章第二部分将继续对《房地产信托产品的风险概要》进行解读。




这类信托常与结构化信托相结合,典型的结构化特定资产收益权信托的模型是:信托公司与交易对手达成协议后,信托公司向公众募集资金并赋予其优先级受益权,并以募集来的资金收购项目公司的特定房地产项目的收益权。同时,项目公司的母公司或实际控制人将项目公司的股权转让与信托公司,并获得次级受益权,借此将房地产开发商的利益与优先级受益权人的利益进行绑定。在信托计划到期后,信托公司首先向优先级受益人分配信托利益,之后再向次级受益人分配剩余信托利益。Continue Reading 房地产信托产品的风险概要(2)

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?Continue Reading Due diligence: deal killer or deal saver?

Wang Rui, Partner, International Trade

The Chinese legislature created a hybrid from the different approaches adopted by civil and common law jurisdictions through the Copyright Law of the People’s Republic of China (the “Copyright Law”) and the Regulations on the Implementation of the Copyright Law of the People’s Republic of China (the“Implementation Regulations”), and produced the twin concepts of “legal entity work” and “occupational work” for assigning rights to works made in the course of an employment relationship. For example, a book written by a group of employees organized by an entertainment company for celebrating the company’s anniversary would likely be considered “legal entity work”, but a piece of music composed by a composer employee (not for specific purposes) is “occupational work”, because in the former case, supervision of the company would be involved but the latter case it would not.
Continue Reading Copyright Due Diligence Investigations in China: Legal Entity Work or Occupational Work?