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§ 363. Use, sale, or lease of property

(a) In this section, “cash collateral” means cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents whenever acquired in which the estate and an entity other than the estate have an interest and includes the proceeds, products, offspring, rents, or profits of property and the fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities in hotels, motels, or other lodging properties subject to a security interest as provided in section 552 (b) of this title, whether existing before or after the commencement of a case under this title.
Continue Reading 363 of the United States Bankruptcy Code

By Jiang Junlu, Jin Shan

Benjamin, an American electronic engineer, holds dual Ph.D.s and has rich experience in the high-tech electronic engineering industry. He recently accepted a job offer from a large well-known Chinese enterprise and started to consider living in China with his wife Rose and 19-year-old son Frank.  Benjamin hopes Rose will enjoy life in China, and find a job as well. Frank wants to attend a top Chinese university to study oriental culture and takes part-time jobs during the summer and winter breaks in order to enrich his social experience. Now, the Benjamin family comes to us with their questions about acquiring a visa to China.

On July 1st, 2013, the PRC Exit-Entry Administrative Law (the “Exit-Entry Administrative Law”) came into force. Its supporting regulation, the PRC Administrative Regulation of Entry and Exit of Aliens (the “Administrative Regulation”) will take effect on September 1, 2013.
Continue Reading New Regulations on Alien’s Residence, Work, and Study in PRC

By Susan Ning, Hazel Yin, Ziqing Zheng, Kailun Ji

August 1st, 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (“AML”).  Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.

During the past 5 years, the Ministry of Commerce (“MOFCOM”), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and 1 case that was denied.1   MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime.  This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.
Continue Reading Review of Merger Control and Merger Remedies Regime in China: From 2008-2013

By Liu Cheng, Yu Zhenzhen, Swita Gan

Introduction

Non-compete clauses (“NCCs”) are very often included in joint venture (“JV”) contracts in the course of JV establishment. NCCs normally operate to prevent JV parties from engaging in business in competition with the JV entity, for a specified period and within a specified geographical area.

The PRC Anti-monopoly Law[i] (“AML”) came into effect in 2008, and since then PRC competition authorities have issued a number of rules and regulations in connection with the AML. However, none of these rules and regulations (including the AML itself) sets forth specific provisions regarding the regulation of NCCs in JV contracts. As such, this article considers the legality of NCCs under the AML and the basic principles for the negotiation of NCCs in JV transactions.
Continue Reading Non-compete clauses in JV contracts —— An analysis from the perspective of the PRC Anti-monopoly Law

By Susan Ning, Ziqing Zheng and Rui Li

On August 13, 2013, China’s Ministry of Commerce (MOFCOM) announced on its website that it has conditionally approved the $4 billion acquisition of Swedish medical technology company Gambro AB by Baxter International.

Baxter is a US-based healthcare company, which develops, manufactures and markets products used in the treatment of patients suffering from hemophilia, immune disorders, infectious diseases, kidney disease, trauma, and other acute medical conditions.
Continue Reading MOFCOM Conditionally Cleared Baxter’s $4 Billion Acquisition of Gambro

By King & Wood Mallesons’ Trademark Group

WeiChai Power Co. Ltd. (“WeiChai Co. Ltd.”) has been using “WeiChai” as their well-known company name and trademark. WeiChai Co. Ltd. filed a complaint at the Domain Name Dispute Resolution Center against SHENZHEN PANGU INVESTMENT GUARANTEE CO. LTD. (later changes its name to GUO ZHONG CO. LTD.) for their registered “weichai.cn.” domain name. On 30 January 2011, the Domain Name Dispute Resolution Center ruled that the domain name should be transferred to WeiChai Co. Ltd. Dissatisfied with the ruling, GUO ZHONG CO. LTD. initiated a civil action before the Beijing First Intermediate People’s Court,
Continue Reading The relation between Domain Name Registration and Trademark infringement

By Monique Carroll, Ariel Ye, Max Bonnell and Jonathan Kelp[i]

Myanmar’s incumbent president U Thein Sein took office on March 2011 and since then the new government has become quasi-civilian, bringing an end to military rule. The new government has also undertaken economic and political reforms to encourage Western countries to suspend economic sanctions and to attract foreign investment.[ii]

Currently, China is the largest investor in Myanmar, providing US$20 billion in foreign direct investment according to the Directorate of Investment and Company Administration of Myanmar. Over many years China, and Chinese investors, have established good relationships with Myanmar’s government and obtained a ‘head-start’ in this regard over many other foreign investors who until recently, were prohibited from investing in Myanmar. However, with the changing political, social and regulatory environment in Myanmar, Chinese investors must consider new strategies to ensure the long-term success of their investments.
Continue Reading Investing in Myanmar – Risks and Strategies for Chinese Entities

by King & Wood Mallesons’ Trademark Group

Currently there is a problem where the worldwide Trademark Clearing House cannot extend its service to Chinese users. On 16th June, for the sake of solving the above problem, the China Organizational Name Administration Center released a system, which provides preventive protection to Chinese domain names and trademarks. This localizes the services of trademark clearing house, as well as enhances the legal protection offered to Chinese trademark owners on the worldwide platform of the Internet.
Continue Reading China develop its Chinese Trademark Clearing House for more protection towards trademark owners

By Susan Ning, Liu Jia, Xiao Dasha and Hazel Yin

On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher Court”) made a final judgment on the Rainbow v. Johnson & Johnson case.  It is the first case of vertical monopolistic agreement and the court overruled the judgment of the first instance, and ruling for the appellant (i.e., the plaintiff). This case is also the first anti-monopoly case in China where the second-instance court reversed the judgment of the first instance court and ruled in favor of the plaintiff.
Continue Reading Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement