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By King & Wood Mallesons’ Banking & Finance Group

On 19 May 2014, the State Administration of Foreign Exchange (the “SAFE”) promulgated the Provisions on the Administration of Foreign Exchange for Cross-Border Security (Hui Fa [2014] No.29, the “New Provisions”). The New Provisions will, after it comes into force on 1st June 2014, replace twelve existing regulations that provide for cross-border security (collectively, the “Existing Provisions”) such as the Implementation Measures on the Administration of External Security Provided by Onshore Entities and the SAFE Circular on Issues Concerning the Administration of External Security Provided by Onshore Entities (also known as Circular 39).
Continue Reading The State Administration of Foreign Exchange Promulgated the Provisions on the Administration of Foreign Exchange for Cross-Border Security

By King & Wood Mallesons Compliance Group

On 24 April 2014 the PRC Government approved changes to the Environment Protection Law of the People’s Republic of China, for the first time in 25 year (“Revised Law”). The Revised Law will come into force on January 1, 2015 and apply to almost every article of the current law. The Revised Law imposes stricter obligations on enterprises regarding pollution prevention and control, and provides for more severe penalties. With regard to public policy, the Revised Law specifies that the Government shall support the development of the environment industry and shall encourage enterprises to take environmental protection measures. Furthermore, the Revised Law allows for environment public-interest litigation. Details are as follows:
Continue Reading Environmental Protection Law: Big Changes in 2014

By Zhang Shouzhi  Monique Carroll  King & Wood Mallesons Cross-border Dispute Resolution Group

Introduction

The Indonesian Government has implemented a law prohibiting the export of raw minerals by foreign investors or subjecting their export to progressive export taxes, as well as, a law requiring the divestment of foreign held mining licenses. Foreign Mining interests in Indonesia have been adversely affected by these laws. Chinese investors in Indonesia’s mining industry should consider their rights to compensation from the Indonesian Government under China’s investment protection treaties with Indonesia.
Continue Reading Chinese Investors – How to protect your Indonesian mining investments

By Wang Rui and Ge Yibo King & Wood Mallesons M&A Group

1.  Introduction

China’s (Shanghai) Pilot Free Trade Zone (“FTZ”) has attracted global media attention ever since it was established in September 2013. This can largely be attributed to the new FTZ rules that relax restrictions on foreign investment in China’s markets. In particular, the value-added telecommunication services (“VATS”) sector in the FTZ opens up foreign investment in two main ways: (1) lifts bans on foreign investment in foreign invested telecom enterprises (“FITE”) in certain service areas, e.g., in information services (only applicable to application stores); and (2) opens up four new types of VATS services previously closed to foreign investment (i.e., call center services, internet access services, domestic multi-party communication services, and domestic internet VPN services). In mid-April of 2014, the government further issued detailed procedures and guidelines on the establishment of FITEs in the FTZ. This Article aims to provide an update of these new developments in the FTZ.   
Continue Reading China’s (Shanghai) Free Trade Zone Paves Way for Foreign Investment in China’s Value-added Telecommunication Service Market

by Xiong Jin Sun Rui King&WoodMallesons’ Mergers & Acquisitions Group

The National Development and Reform Commission (“NDRC”) has finally promulgated the long awaited “Administrative Measures for Verification and Registration of Overseas Investment Projects （《境外投资项目核准和备案管理办法》）” (“Order 9”).

The State Council promulgated “Catalogue of Investment Projects Subject to Governmental Verifications (2013（《政府核准的投资项目目录（2013年本）》)” (“2013 Catalogue”) on 2 December 2013, under which the approval powers of NDRC and the Ministry of Commerce (“MOFCOM”) on Chinese overseas investment are significantly reduced and decentralised. (For detailed discussions on changes introduced by 2013 Catalogue to the existing verification regime of Chinese outbound investment, please refer to our client alert, “Catalogue of Investment Projects Subject to Governmental Verifications (2013) Overhauls Chinese Outbound Investment Regulatory Regime”.) As 2013 Catalogue only provides for general principles, the market has been waiting for the two most powerful approval bodies to release their respective implementation rules.
Continue Reading “The other shoe finally falls”: NDRC issues “Administrative Measures for Verification and Registration on Overseas Investment Projects”

By David Rose KWM SJ Berwin’s Intellectual Property Group

rose_dIn January this year, we reported on OHIM’s announcement of a new common practice for trademarks registered in black and white. OHIM and the participating national offices have now issued a Common Communication, together with details of the implementation process.

Under the new Common Practice, a black & white (or greyscale) mark will only be considered identical to a sign in colour where the differences between the signs are so insignificant that they will go unnoticed by the average consumer. An insignificant difference will be one that a reasonably observant consumer will perceive only upon a side by side examination of the marks.
Continue Reading OHIM and National Trade Mark Offices Announce Common Practice on Black & White Marks

By Ding Xianjie Yang Hua   King & Wood Mallesons’ Trademark Group

According to Chinese Trademark Law, the party concerned in cases involving granting or determination of trademark rights against the decisions of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) must bring an administrative proceeding to the First Intermediate People’s Court of Beijing Municipality. The second instance made by the Higher People’s Court of Beijing ( “Beijing Higher Court“) is a final judgment.

Recently, Beijing Higher Court publishes the Guidelines of Trial of Administrative Cases Involving Granting and Determination of Trademark Rights (the “Guidelines“）, which includes 30 Articles concerning the issues on recognition and protection of well-known trademarks, recognition and protection of geographical indications, determination of confusion and misidentification, protection of prior rights of copyright and rights to names, as well as the relevant court trial procedures under circumstances that the business license of a party has been revoked but the party has not gone through the termination formalities of its company. The main points are as below.
Continue Reading Notice of the Higher People’s Court of Beijing on Guidelines for Trial of Administrative Cases Involving Granting and Determination of Trademark Rights

By Mark Schaub and Ray Black King & Wood Mallesons’ FDI Group

More than any other country,China has greatly benefitted from globalization. In the last 25 years China has risen to become the world’s workshop and a manufacturing giant.

However, there has been a small country that has undergone its own transformation in recent decades. Israel, a country in a “challenging” neighbourhood with a very limited domestic market, has become a technology innovation powerhouse. Indeed Google Chairman Eric Schmidt considers that “Israel has the most important high-tech centre in the world after the US.”

These two very different yet very complimentary countries are likely to find great scope for collaboration in the coming decades. They are certainly now looking for it.
Continue Reading Start Up Nation meets Buy Up Nation: How Israel can Play a Major Role in Making China an Innovation Giant

By King & Wood Mallesons’ Healthcare Group

Guangdong JDB Beverage Company Limited (“JDB”) filed a lawsuit against Wong Lo Kat in Chongqing’s First Intermediate People’s Court (the “Court”), alleging that Wong Lo Kat’s advertisement slogan of “a bottle of Wanglaoji takes the fear of Shànghuǒ (i.e. excessive internal heat a cause of disease in Chinese perspective) away”, constitutes unfair competition. Although this case involved an advertisement slogan, it was heard in the court according to the Anti-unfair Competition Law rather than the Copyright and Trademark Laws, creating a novel cause of action.
Continue Reading KWM Prevails in Representation of Wong Lo Kat in Anti-unfair Competition of Advertisement Slogan Lawsuits

By King & Wood Mallesons’ Healthcare Group

Since March 2013, “consumers” from several cities such as Jinan, Shenyang, Chongqing, Sanya have sued Wong Lo Kat Guangzhou Health Industry Co. Ltd. (“Wong Lo Kat”) for disputes over the sales and purchase agreements and product liabilities on the ground of “the change of taste in Wanglaoji’s herbal beverage”. KWM lawyers represented Wong Lo Kat, and succeeded in protecting our client’s legal interests and winning the “China’s first consumers’ taste safe-guarding case” and all of its subsequent relevant cases.
Continue Reading KWM Prevails in Representation of Wong Lo Kat in a Series of Wanglaoji’s Taste Lawsuits