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The cosmetics market in China is growing bigger each year. Data from China’s National Bureau of Statistics suggests total retail sales of cosmetics in China in 2019 exceeded RMB 299 billion and a year-on-year growth was almost 13%, which means that retail sales increased by approximately 40 billion over the year.[1] The size and growth of the Chinese cosmetics market has not gone unnoticed by the authorities. There is a significant increase in cosmetic product offerings and competition. To address issues such as product safety and quality, the PRC authorities finally passed new regulations to better regulate the cosmetics industry.
Continue Reading China: Beauty Revolution New Regulations Announced for Cosmetics

The facts of this case involved claims by an aircraft leasing company, Wallis Trading Inc. (‘Wallis’ or the ‘claimant’) against Air Tanzania Company Ltd (‘ATCL’) and the Government of the United Republic of Tanzania (the ‘Government’ and together with ATCL, the defendants). Wallis as lessor negotiated a lease with ATCL as lessee (the ‘Lease’). The Lease was governed by English law and contained standard representations. Amounts payable under the Lease were subsequently not paid when due. The defendants argued that due to lack of authority, breaches of fiduciary duties and failures to comply with certain Tanzanian procurement legislation, the Lease was invalid, unenforceable by reason of illegality and there were grounds for unconscionability and unjust enrichment.
Continue Reading Will standard representations amount to Contractual Estoppel?

On June 15, 2020, Supreme People’s Court of the People’s Republic of China (the “SPC”) released a draft of the SPC’s Provisions on Evidence in Civil Proceedings Involving IP Disputes for public comments (the “Draft”).  The deadline for accepting comments is July 31, 2020.  The Chinese version is accessible through the SPC’s website[1] and an English translation is attached to this article for your easy reference.
Continue Reading Overview of the SPC’s Draft for Evidence Rules in IP disputes

On June 15, 2020, the China National Intellectual Property Administration(CNIPA) enacted the “Trademark Infringement Judgment Standard” (hereinafter referred to as the “Standard”), which came into force from the date of promulgation. Within the framework of the Trademark Law, the Standard, based on the guiding function of trademark law enforcement, systematically combed and summarized the beneficial experiences and practices of trademark administrative protection over the years, providing operational guidelines for trademark law enforcement departments to perform law-based administration, helping to improve the trademark protection rule system, solving difficult and complicated problems in law enforcement practice, creating a transparent and predictable IP protection environment for market players, and further enhancing trademark law enforcement and protection.
Continue Reading China National Intellectual Property Administration enacted “Trademark Infringement Judgment Standard”

As enterprises are increasingly engaged in international trade and investment, international arbitration is recognized as the preferred option in the face of cross-border disputes. However, international arbitration, which differs from domestic arbitration with complex procedures, often put parties unfamiliar with its rules in an inherent disadvantage. King & Wood Mallesons’ international arbitration teams are located in Beijing, Shanghai, Shenzhen, Hong Kong Special Administrative Region of China, Sydney, Melbourne, Perth, London, Madrid, Brussels, Dubai, Tokyo, Sydney, New York and Silicon Valley. KWM International Arbitration Fundamentals is co-hosted by King & Wood Mallesons’ China and Australia international arbitration teams. The purpose of the program is to share knowledge and experience on international arbitration, including international commercial arbitration and investment arbitration, from the perspective of expert lawyers. Hopefully it will benefit parties engaged in international arbitration. Please comment with any suggestions or ideas.
Continue Reading Fundamentals｜An Overview on International Arbitration

The Australian Treasurer has announced major reforms to Australia’s foreign investment regime.  On the one hand there is some welcome relief and greater regulatory clarity for investment in sensitive sectors and on the other hand, the introduction of a national security test, stronger enforcement powers, greater compliance monitoring and harsher penalties.
Continue Reading Major reforms to Australia’s foreign investment in 2021

As one element of a package of measures intended to assist UK businesses with coping with economic difficulties brought about by the coronavirus pandemic, the UK government will temporarily suspend wrongful trading laws.  The proposal to temporarily suspend wrongful trading laws is set out in the Corporate Insolvency and Governance Bill (the ‘Bill’), which is currently going through the UK parliament’s legislative process and is expected to be passed into law imminently.  The suspension is set to commence from 1 March 2020 and will end 30 days following the Bill coming into force.
Continue Reading Temporary Suspension of UK Wrongful Trading Laws – the Exclusions

In an effort to alleviate the impact of COVID-19 on UK businesses and encourage the supply of essential goods and services during the pandemic, the UK Government announced plans earlier this year to temporarily suspend wrongful trading laws and to fast track proposed permanent reforms to the existing insolvency regime (these reforms were developed in 2016 and consulted on in 2018).
Continue Reading UK Corp Insolvency and Governance Bill

As enterprises are increasingly engaged in international trade and investment, international arbitration is recognized as the preferred option in the face of cross-border disputes. However, international arbitration, which differs from domestic arbitration with complex procedures, often put parties unfamiliar with its rules in an inherent disadvantage. King & Wood Mallesons’ international arbitration teams are located in Beijing, Shanghai, Shenzhen, Hong Kong Special Administrative Region of China, Sydney, Melbourne, Perth, London, Madrid, Brussels, Dubai, Tokyo, Sydney, New York and Silicon Valley. KWM International Arbitration Fundamentals is co-hosted by King & Wood Mallesons’ China and Australia international arbitration teams. The purpose of the program is to share knowledge and experience on international arbitration, including international commercial arbitration and investment arbitration, from the perspective of expert lawyers. Hopefully it will benefit parties engaged in international arbitration. Please comment with any suggestions or ideas.
Continue Reading IA Fundamentals丨3. Hard Law and Soft Law in IA

According to pertinent provisions of the Chinese Patent Law, where any entity or individual thinks the grant of a Chinese patent right fails to comply with provisions since the date of grant and announcement of the patent, it or he may request Reexamination and Invalidation Examination Department of China National Intellectual Property Administration (CNIPA) to declare the patent right invalid.
Continue Reading Brief introduction of prioritized examination of patent invalidation proceedings in China