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By Dina Yin and Miao Jing King & Wood Mallesons’ Mergers & Acquisitions Group

A State Council Decision(1), made public on July 26, 2013, repealed the administrative measures regarding coal production licenses. The decision came following changes to China’s Coal Industry Law(2) which abolished the need for the license. As a result of the changes to the Coal Industry Law, companies (both domestic and foreign-invested enterprises) will no longer need to obtain a coal production license to produce coal or a coal trading license to sell coal.
Continue Reading Coal Production Licenses and Coal Trading Licenses No Longer Required

By Dina Yin King & Wood Mallesons’ Mergers & Acquisitions Group

Although MOFCOM approval is no longer required for a Sino-foreign petroleum contract(1), the State Council has decided that the Chinese party must still “report and deliver information about the signed petroleum contract” to MOFCOM.

The relevant State Council Decision(2), which was made on July 18, 2013 and became publicly available on July 26, 2013, amends the regulations(3) relating to the exploitation of onshore and offshore petroleum resources in China. The relevant amendments are set out in paragraphs (a) and (b) below.
Continue Reading “Information about Petroleum Contracts” to be submitted to MOFCOM

By King&Wood Mallesons’ Trademark Group

The Second Draft Amendment to the Trademark Law of the People’s Republic of China (the “Trademark Law”) was tabled for discussion during the 3rd meeting of the 12th Standing Committee of the National People’s Congress on June 26, 2013. The proposed amendment included several important new provisions which enhance the compensation against trademark infringement, refine the protection for well-known trademarks and notably, regulate for the first time the examination speed of the trademark authorities. The following are the major new amendments compared with the previous versions of draft amendment.
Continue Reading Draft Amendment of the Trademark Law: Compensation ceiling for trademark infringement doubled up to RMB 2 million

By King & Wood Mallesons’ Compliance Group

Recently, allegations of a massive bribery scheme on the part of the Chinese unit of a famous British multinational pharmaceutical company have grabbed headlines in China and abroad. China’s Ministry of Public Security officially announced on July 11 that senior executives of this company are under criminal investigation on suspicion of using travel agencies to bribe government officials, hospitals, doctors, and medical industry associations in a scheme to increase sales. Some of the company’s senior executives and employees are also suspected of taking bribes from third party vendors.
Continue Reading COMPLIANCE-Watchword of Healthcare Companies and Possible Other Companies in China

by King & Wood Mallesons’ Compliance Group

On July 2, the National Development and Reform Commission (“NDRC”) announced that it is investigating costs and prices charged by 60 foreign and domestic drug makers. Concerned pharmaceutical manufacturers should be aware that the investigation process imposes certain rights and obligations on the manufacturers and the investigating authorities alike.
Continue Reading China’s Investigation into Drug Pricing: What You Need to Know

By Susan Ning, Hazel Yin and Dasha Xiao

Today (July 29), the State Administration for Industry and Commerce (“SAIC“) held a press conference announcing that it has launched a publication platform for antitrust enforcement decisions.  The final penalty decisions of all cases that have been closed (a total of 12) are published on SAIC’s website.  Ms. Ren Airong, Director General of the Antimonopoly and Anti-unfair Competition Enforcement Bureau of SAIC also mentioned the plan to promulgate the guideline and the regulation concerning IP-related antitrust issues.
Continue Reading China’s State Administration for Industry and Commerce Publishes All Antitrust Enforcement Decisions It Made Thus Far

By Susan Ning, Hazel Yin, and Han Wu

On July 17th, People’s Daily reported that the Price Supervision and Anti-Monopoly Bureau of the National Development and Reform Commission is investigating gold retailers including but not limited to Shanghai Lao Feng Xiang (600612. SH) and Yuyuan Tourist Mart Company (600655.SH) for manipulation of gold jewelry retail price in Shanghai under the auspices of the Shanghai Gold & Jewelry Trade Association (“SGJTA”).
Continue Reading NDRC Probes Shanghai Gold Association and Gold Retailers for Price Fixing

By King&Wood Mallesons’ Trademark Group

Zhoushan City Aquatic Product Alliance initiated a civil action against Beijing Shenmaren Food Sales Co. (“Shenmaren”), on the grounds that “ Zhoushan Jingxuan Daiyu” produced by Shenmaren with the indication of “ZHOUSHANDAIYU” prominently printed on the package would likely mislead the public and infringe upon the exclusive right of Zhoushan City Aquatic Product Alliance to use the mark. Zhoushan City Aquatic Product Alliance requested Shenmaren to cease the infringement and compensate for their losses.
Continue Reading First Certification Mark Case–“ZHOUSHANDAIYU and device”

By Ariel Ye, Harry Liu and Qiu Yue

PRC law sets forth specific requirements for individuals who serve as arbitrators in China. Article 13 of the PRC Arbitration Law requires arbitrators to be “fair and honest.” Arbitrators must also meet at least one of the following qualifications: (1) have a minimum eight years work experience in arbitration; (2) have a minimum eight years experience as a lawyer or as a judge; (3) be engaged in legal research and teaching with a senior academic title; or (4) be engaged as a professional focused on economic and trade matters with a senior academic title or equivalent professional title also having legal knowledge.
Continue Reading Lawyer or Arbitrator: A Problem in China –Should the Restriction be Revoked?

By Susan Ning, Kate Peng, Huang Jing and Li Rui

In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“).

This is the second investigation by NDRC against resale price maintenance (“RPM“).  Early this year, NDRC fined China’s famous producers of premium liquor, Kweichow Moutai Co Ltd. (Maotai) and Wuliangye Group Co., Ltd. (Wuliangye) in the amount of RMB 247 million (about USD 39.8 million) for RPM behaviors (Maotai/Wuliangye Case)i .  The current investigation is still ongoing and no penalty against any companies has been made. 
Continue Reading The Second RPM Investigation by NDRC within this Year