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By Shi Yusheng and Xia Fan, King & Wood’s IP Litigation Department

The newly promulgated Tort Law of the People’s Republic of China came into force on July 1, 2010. The Tort Law, positions itself as a fundamental doctrine in the protection of one’s civil and property rights in China. Intellectual property rights, such as copyrights, patent rights, trademark rights, are included in the scope of protection under the Tort Law. Accordingly, relevant provisions of the Tort Law will have substantial impact on  IPR infringement. While there are many intersects, one major impact is discussed below.Continue Reading Impact of PRC Tort Law on IPR Infringement

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

Most companies engaging in a China project will likely need support from external consultants. This final section highlights the remaining members of the China deal team, including translators, accountants, and outside counsel.

Continue Reading China M&A: Assembling an Effective Team for a China Transaction Part III

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

Most companies engaging in a China project will likely need support from external consultants. However, selecting the external team is often more difficult than assembling the internal team — who do you need? How do you find good ones? And what role should they play? This portion highlights the infamous China consultant. What kind of role do they play and do you actually need them?Continue Reading China M&A: Assembling an Effective Team for a China Transaction Part II

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

Many West European and US companies have thinned out their ranks of middle management in the never-ending pursuit of shareholder value. A China project is likely to be more time intensive and involved (and therefore expensive) than the foreign company initially forecasts. For this reason many foreign investors in China face difficulties in assembling a successful business project team to implement the project. Part I discusses the assembling of an effective in-house team.Continue Reading China M&A: Assembling an Effective Team for a China Transaction Part I

By Susan Ning, Ronald Arculli, Peter Waters, and Angie Ng of King & Wood and Gilbert + Tobin (1)

Hong Kong’s Competition Bill (the Bill) was gazetted on 2 July 2010.(2) Formal public consultations on a cross-sector competition law for Hong Kong commenced in 2006. The Bill will be tabled in Hong Kong’s Legislative Council (LegCo) on 14 July 2010. When the Bill becomes law, it will be known as the Competition Ordinance (CO).Continue Reading Hong Kong’s Competition Law – Unveiled!

By Kenneth Choy, Partner, King & Wood – Hong Kong

At times, an international company may find that their application for registration of a trademark is rejected by the Chinese Trademark Office. When this happens and all administrative appeals are exhausted, are there alternative means of brand protection available in China?Continue Reading Copyright Protection for your Brand when Trademark Protection is Unavailable

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

China’s first Renewable Energy Law came into effect on 1st January 2006 and serves as a basis to meet goals like reducing air pollution; protecting human health and the environment; strengthening and developing energy supply to rural areas; promoting investment and development of renewable energy; etc. The PRC Renewable Energy Law is also a framework for various provincial government agencies and local authorities which implement the law in a large number of more detailed plans, rules and regulations. After four years of rapid change and expansion of China’s renewable energy sector, the Standing Committee of the National’s People’s Congress passed amendments to the Renewable Energy Law in December 2009, which now came into effect on 1 April 2010.

Continue Reading Renewable Energy Law in China

By Mark Schaub, Partner, Corporate, King & Wood Shanghai

See also: King & Wood‘s Tax Practice.

On February 20, 2010, the State Administration of Taxation (SAT) issued the “Measures for the Administration of Taxation on Representative Offices of Foreign Enterprises” (Guo Shui Fa [2010] No. 18) (the “Rep Office Tax Measures”) to reform the taxation rules applicable to representative offices of foreign enterprises in China (“Rep Office”). The Rep Office Tax Measures, which are retroactively effective from January 1, 2010, revise existing Rep Office taxation rules inter alia by abolishing previous tax exemptions and increasing the minimum deemed profit rate. Prior to effectiveness of the Rep Office Tax Measures, Rep Offices were taxed in one of three ways, (i) based on their actual profits (“Actual Profit Method”), (ii) based on their “deemed profits” (“Deemed Profit Method”) or (iii) not subject to tax (“Tax Exemption”) when certain criteria were met. The major changes brought about by the Rep Office Tax Measures include:
 Continue Reading China imposes tougher tax rules and administrative restrictions on Representative Offices

By Li Ruihai and Su Juan, King & Wood’s IP Department

Patent ownership disputes arise, when a party challenges the ownership of a patent right at the State Intellectual Property Office (SIPO) and files suit with the People’s Court to seek rectification of the ownership of the patent. Article 135 of the General Principles of Civil Law of the PRC (Civil Law) provides that "unless otherwise stipulated by law, the statute of limitations to file civil actions with the People’s Court shall be 2 years." The PRC Patent Law (Patent Law) provides no specific provision regarding the statute of limitations in patent ownership disputes. Hence, issue arises as to whether the court can, upon the defendant’s request, dismiss the plaintiff’s claim for patent ownership due to the statute of limitations for civil actions.

Continue Reading Limitation of Actions Regarding Patent Ownership Disputes