English

Subscribe to English via RSS

By King & Wood Mallesons’s Healthcare Group

On 19 September 2012, SFDA released the Rules on Imposing Administrative Penalties for Drugs and Medical Equipment (Consultative Draft) (the “Draft”) and sought feedback from the public. The Draft shall apply to all types of violation regarding drugs and medical equipments, where SFDA has discretion on imposing administrative penalties.
Continue Reading MORE CERTAINTY, LESS DISCRETION —— Proposed New Rules on Administrative Penalty over Drug and Medical Equipment Industry

By King & Wood Mallesons’s Healthcare Group

Although the existing laws and regulations already establish certain rules and general principles for product promotional activities by pharmaceutical enterprises, the RDPAC Code of Practice 2012 (“RDPAC Code”) has further refined and defined the relevant requirements and standards for medical promotion and seeks to establish a bright line industrial practice.
Continue Reading RDPAC Code of Practice 2012

By King & Wood Mallesons’ Labor & Employment Group

On December 28, 2012, the Decision regarding the Modification of Employment Contract Law (the “Decision”) was passed by the 30th Session of the Standing Committee of the 11th National People’s Congress, which is to take effect on July 1, 2013. This Decision amends the section in the Employment Contract Law relating to dispatched personnel, which provides rules on the qualifications of the dispatch service provider, the administrative license requirements for the dispatch service provider, the concept of “equal pay for equal work” as it applies to dispatched personnel and the company’s direct hire counterparts for the same job position in the same location, and the job descriptions of the positions for which companies are permitted to hire dispatched personnel.
Continue Reading Executive Summary of the Modification of the Employment Contract Law

By Susan Ning, Liu Jia and Hazel Yin

On April 22, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Gavilon Holdings, LLC (“Gavilon“) by Marubeni Corp (“Marubeni“) (the “Transaction”) with conditions.  This is the second case conditionally cleared by MOFCOM in April, coming just days after the conditional clearance of Glencore/Xstrata.  To obtain the clearance, Marubeni shall keep separate and independent China soybean import and distribution businesses between Marubeni’s and Gavilon’s.Continue Reading MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions

By Susan Ning, Huang Jing and Hazel Yin

On April 16, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Xstrata plc (“Xstrata“) by Glencore International plc (“Glencore“) with conditions.  Both structural and behavioral remedies are involved in the conditions.

The over 8,000-word decision issued by MOFCOM contains the most detailed competition analysis that has ever been published.  In addition, for the very first time, the full text of the parties’ final commitment proposals were published together with the clearance decision, providing more insights regarding the implementation of the remedies. 
Continue Reading MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions

By Susan Ning, Pulcheria Chung, Kailun Ji and Hazel Yin

To increase clarity and transparency on the merger remedy regime under the Anti-Monopoly Law (“AML“), China’s Ministry of Commerce (“MOFCOM“) published the draft Rules Regarding Imposition of Restrictive Conditions on Concentrations of Undertakings (the “Draft Rules“) on 27 March 2013 for public comments. 

Under the AML, MOFCOM may attach restrictive conditions to reduce the negative impact a concentration of business operators will bring on competition in the relevant market.  On 5 July 2010, MOFCOM published the Provisional Rules on Divestiture of Assets or Business to Implement Concentrations of Undertakings (the “Divestiture Rules“) which was the first set of rules specifically dealing with divestiture remedies.  The Draft Rules are intended to cover not only divestiture, but also conduct remedies and will replace the Divestiture Rules once adopted.
Continue Reading Path towards A More Streamlined Merger Control System – MOFCOM Publishes Draft Rules on Merger Remedies

By King & Wood Mallesons’ Compliance Group

China’s first national standard on personal information protection, namely the Guide of Personal Information Protection on Information Security Technology, Public and Commercial Information Service System (the “Guide”) became effect on February 1, 2013. Only about one month earlier, the Decision on Strengthening Online Information Protection (the “Decision”) was adopted by Standing Committee of the National People’s Congress on December 28, 2012 and became effective on the same day. Both of the moves show China has taken the significant first step on enhancing personal information protection.
Continue Reading China Enhances Personal Information Protection

By Susan Ning, Huang Jing and Hazel Yin

On April 3, 2013, the Ministry of Commerce (MOFCOM) published the draft Interim Rules regarding the Standards of Simple Cases of Concentrations of Operators (Draft Standards), to solicit comments from the public.  The Draft Standards set out the factors that MOFCOM would consider when identifying if a concentration of operators would be categorized as a simple case. 

The Draft Standards include the following major provisions:
Continue Reading MOFCOM On the Track to Adopt a Simplified Merger Review Mechanism by Publishing Standards of Simple Merger Cases

By King & Wood Mallesons’ Trademark Group

The Trade Mark Office (TMO) and Trademark Review and Adjudication Board (TRAB) of China have released a list of the latest recognized well-known trademarks. TMO grants 27 well-known trademarks in decisions on opposition and 492 in trademark management cases, among which no foreign brands are listed. Upon reviews…

By Kalley Chen  King & Wood Mallesons’ Securities Group

To address China’s aging population issue as well as its need to improve access to healthcare in rural areas, healthcare reform has become a priority for the Chinese government.

A key mechanism to improve access is through the promotion of private healthcare. While current exit restrictions exist in relation to private medical institutions, recent policy developments which have liberalized investment in the healthcare sector demonstrate China’s progress toward improving healthcare. It is likely that these policies may stimulate greater PE investment opportunities, in particular within the private healthcare sector.
Continue Reading The promotion of private healthcare services- A Challenge or an opportunity?