30 December 2020 was a big news day for fans of international trade.

Living in London for the last year and being subjected to Brexit 24/7 made one feel as if the approval of the Brexit deal by the UK parliament was less news but rather the season finale of a reality TV show. However, as luck would have it 30 December had 2 not 1 big trade stories with China and the EU agreement major terms in principle of the EU-China Comprehensive Investment Agreement (“the EU-China Agreement”).
Continue Reading When Giants Agree – EU-China Investment Agreement

On 15 December 2020, the National Expert Training Course for Trademark Examination and Review was held in Guiyang. He Zhimin, deputy director of the China National Intellectual Property Administration(CNIPA), attended the course, emphasizing that: in 2021, CNIPA will further intensify its efforts to crack down on bad faith trademark registrations.
Continue Reading CNIPA Intensifies the Crackdown on Bad Faith Registrations

On December 14, 2020, the China National Intellectual Property Administration (CNIPA) released the first batch of intellectual property administrative enforcement guiding cases (Guiding Cases No.1 to No.5), aiming to unify law enforcement standards, improve case handling level, and guide the work of intellectual property administrative enforcement.
Continue Reading CNIPA Announces First Batch of IPR Administrative Enforcement Guiding Cases – Trademark Cases

COVID-19 has resulted in many individuals and businesses making claims through the UK courts. With the courts having been closed from March to the end of June earlier this year and virtual hearings only just starting to be used, the pandemic has caused an unprecedented backlog in cases to be heard in the UK courts.
Continue Reading Adding further particulars and claims relating to COVID to proceedings will not always been successful     

On 19 December 2020, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”) jointly released the “Measures for the Security Review of Foreign Investment (外商投资安全审查办法)” (the “Measures”)[1], which will become effective from 18 January 2021. The issuance of the Measures is a clear signal that the Chinese government is taking a more active approach in relation to national security review on foreign investments (“NSR”).
Continue Reading China Releases National Security Review Rules Version 2.0

The High Court in Dodika Ltd v United Luck Group Holdings Ltd [2020] EWHC 2101 (Comm) recently held that a buyer’s provision of a notice in respect of a claim under a tax covenant contained in a share sale and purchase agreement was invalid. 
Continue Reading Watch out Buyers: Despite actual knowledge, notices for claims must include sufficient detail

The Full English afficionados amongst you will recall that we originally covered the UK High Court’s ruling on Primus International Holding Company v Triumph Controls UK Ltd [2020] EWCA Civ 1228 in our review of 2019 cases. Key findings were made with regard to notification of warranty claims, fair disclosure and forward-looking projections.
Continue Reading If in doubt, spell it out! You can never be too careful when drafting legal agreements

King & Wood Mallesons (KWM) and KWM Institute jointly released the Collection of KWM Intellectual Property Litigation Cases (English). This Collection features a large number of typical cases represented by KWM IP Litigation team between 2013 and 2020, many of which were selected by the Supreme People’s Court as “Top 10 IP Cases and 50 Guiding Cases of the Year”, or recognized by provincial courts as “Guiding IP Cases of the Year” and “Innovative IP Cases of the Year”. Judgments of these cases reflect the courts’ principles and implementation standards in hearing cases involving copyright, trademark, patent, trade secret, layout-designs of integrated circuits and anti-trust & competition in recent years. Some of them are milestones for China’s IP law practice and IP protection.
Continue Reading King & Wood Mallesons releases the Collection of KWM Intellectual Property Litigation Cases (English)