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By Mark Schaub and David Hong  King & Wood Mallesons’ Foreign Investment Group

Most media attention in relation to Shanghai’s Free Trade Zone (FTZ) has been in relation to banking sector liberalization and RMB internationalization.

However, personally the writers have felt that some of the greater opportunities in the short to mid- term would be in comparative niches. One such niche is a distinct opportunity for game console manufacturers such as Sony, Microsoft and Nintendo.
Continue Reading Free Trade Zone has Silver Lining for Gaming Companies

By King & Wood Mallesons’ Compliance Team

On January 9, 2014, the Supreme People’s Court promulgated the Judicial Interpretation on Issues concerning the Application of Laws relating to Food and Drug Disputes (the “Interpretation”). The Interpretation strengthens food and drug safety, and aligns the different approaches towards certain statutory provisions in relevant cases. It focuses on issues such as intentionally purchasing counterfeit products and online shopping. It will become effective on March 15, 2014.
Continue Reading A New Judicial Interpretation Offers Greater Protection to Food and Drug Consumers

By King and Mallesons’ Compliance Practice Group

“Crisis” usually refers to the dangerous and emergency status caused by sudden incidents. Doing business in China, it is very frequent that companies have to handle various types of crisis from time to time, including crisis caused by mass labor disputes with employees (“Employee Related Crisis”). Among the complicated reasons causing the Employee Related Crisis, a company’s mis-anticipation of employees’ responses is one of the primary reasons intensified the tension between companies and the employees.
Continue Reading Crisis Management——Is Your Company Ready?

By Xiong Jin, Paul Schroder and Edward Tudor

Developments in China’s Tsinghua Unigroup’s bid for HKSE-listed RDA Microelectronics show the immediate impact of December’s relaxation of outbound investment regulations in China. However, uncertainty remains around the application of the “one Chinese bidder” policy.
Continue Reading Relaxation of NDRC rules has immediate impact, but uncertainty remains if there is only ever one anointed Chinese bidder

By Mark Schaub and David Hong   King & Wood Mallesons’ FDI Group

There is little that China’s big cities’ retail scene cannot offer the eager shopper – flagship stores, bright lights, long lines … However, the long term China expat will still often miss specific items – the lack of a Body Shop … the quirky soaps manufactured by Lush …
Continue Reading Rabbits Rejoice – End of PRC Animal Testing Requirements Nears

By King & Wood Mallesons’ Compliance Group

In order to strengthen the administration of pharmaceutical industry, to regulate the purchase of drugs, medical devices and medical disposables, to prohibit illegal transactions and to fight against commercial bribery, on December 25 the National Health and Family Planning Commission (the “NHFPC”) published the amended “Provisions on the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries” issued by the former Ministry of Health on January 19, 2007. The New Provisions will come into effect on March 1st, 2014.
Continue Reading Summary of the “Provisions on the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries”

By Ding Xianjie  King & Wood Mallesons’ IP Legal Group

I. Generic Top-Level Domain and the New Gtld

gTLD (generic Top-Level Domain, “gTLD”) is one of the top-level domains (TLD) managed by the Internet Corporation for Assigned Names and Numbers (ICANN). Under the current gTLD system, there are only 22 gTLDs available (not including the TLDs representing 200+ countries and territories, such as the .cn). These TLDs are generic terms representing the nature of the industry, such as, .com means commercial organizations (but unrestricted), .edu refers to educational establishments, .gov refers to U.S. government entities, .net originally refers to network infrastructures (now unrestricted). The frequently used ones are .com, .edu, .net, .org, .info, .biz, but the most commonly used and the most popular one is undoubtedly .com.
Continue Reading The Use of Trademark Protection Mechanisms under New gTLD System

By King & Wood Mallesons’ Healthcare Group

On 13 November 2013, Shanghai Municipality released the Provisional Measures on the Administration of Wholly Foreign-Owned Medical Institutions in the China (Shanghai) Pilot Free Trade Zone (hufubanfa [2013] No.63, “Measures”), which provides the requirements and application matters for foreign investors to set up medical institutions in the form of wholly foreign-owned enterprises (“WFOE Medical Institution(s)”) in China (Shanghai) Pilot Free Trade Zone (“FTZ”) with the highlights as follows:
Continue Reading Shanghai Municipality Released the Provisional Measures on the Administration of Wholly Foreign-Owned Medical Institutions in the China (Shanghai) Pilot Free Trade Zone

By Li Zhongsheng  Song Xinyue King & Wood Mallesons’ IP Litigation Group

In April 2013, the Supreme People’s Court of the People’s Republic of China (the “Supreme People’s Court”) released the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts (Fa Ban [2013] No. 44) as a referential document for fair and efficient adjudications for the People’s Courts. The document included an appeal case regarding a patent for invention infringement dispute (Case Number: [2012] Su Zhi Min Zhong Zi No. 0021), which was represented by the IP Litigation Group of King & Wood Mallesons.
Continue Reading Appeal of Infringement Dispute of Patent for Invention on One of the 2012 Top 50 Typical Cases of Intellectual Property Protection in Chinese Courts — Harbin Industrial University Xinghe Industrial Co., Ltd v. Jiang Su Runde Pipe Industry Co., Ltd