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)

On 11 November 2020, lawmakers at the 23rd session of the 13th National People’s Congress (NPC) Standing Committee deliberated and voted to adopt the Decision on Revising the Copyright Law of the People’s Republic of China, marking the completion of the decade-long third amendment to the Copyright Law (hereinafter referred to as the “Amendment”). The newly amended Copyright Law (hereinafter referred to as the “2020 Copyright Law”) consists of 67 articles in six chapters, and shall come into force as of 1 June 2021.
Continue Reading The Amended Copyright Law and Its Potential Implications

杨凯章 Securities Group King & Wood Mallesons 

Introduction

Recent events such as the US-China trade war and the COVID-19 pandemic have severely impacted the global economy, with Singapore being particularly affected given its open and trade-reliant economy. This is driving Singapore to look for new and innovative ways to attract increased and diversified foreign investment, part of which would entail easing up on work visa and immigration policies for foreign talents. At the same time, a weakened job market due to the economic downturn, coupled with intensifying political contest reflected in the latest general election results, has led to the government’s increased focus on protecting the local labor force.
Continue Reading Relocating to Singapore: Latest Developments & Visa Policies

On November 16, 2020, the Supreme People’s Court (“SPC”) released Several Provisions of Supreme People’s Court on Evidence in Intellectual Property Civil Litigation (“Provisions”). The Provision consists of 33 Articles and has gone into effect on November 18, 2020. On the whole, the Provision is a summary of intellectual property judicial practice, perfecting regulations in relation to evidence submission and obstruction, evidence preservation and forensic appraisal, evidence cross-examination and recognition, damage compensation, etc., so as to appropriately reduce the burden of proof by right holders and effectively resolve problems of “difficulty in adducing evidence” and “high enforcement cost” encountered by intellectual property rights holders in civil litigations. Thus, it is of positive significance to strengthen judicial protection for intellectual property rights. The main contents of the Provision are analyzed as follows.
Continue Reading Overview of SPC’s Provisions on Evidence in IP Civil Litigation

Data security and compliance is the primary concern for enterprises in the era of digital economy. Failure to ensure data security and the compliance of data processing will leave enterprises exposed to data breach, data loss and other security incidents. Without data asset design, data development and utilization would be out of the question.

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On 1 June 2020, the CPC Central Committee issued the Master Plan for the Development of Hainan Free Trade Port, a concrete master plan for developing a free trade port in the largest special economic zone in China. In order to build Hainan into a globally competitive high-level free trade port, the master plan has proposed a series of institutional arrangements for liberalization and facilitation of trade, investment, cross-border capital flow, easy entry and exit of people, transportation, and secure and orderly data flow, etc. It can be said that collective institutional innovation is the most distinctive feature of these institutional arrangements for the Hainan Free Trade Port (Hainan FTP).
Continue Reading King & Wood Mallesons releases KWM INSIGHTS: Insights on Compliance Issues in the Hainan Free Trade Port

China and the Republic of Korea (Korea) enjoy a long history of cultural exchange, dating back to the Sui and Tang dynasties in China, or even earlier. In modern history, since the establishment of diplomatic relations between China and Korea on 24 August 1992, the relationship between the two countries has grown continuously, with frequent visits between top leaders. They have seen a growing economic and trade relationship between each other and a rapid progress in cultural exchanges. In recent years, the “Korean Wave” has found its unique place in the global cultural and entertainment industry, becoming a force to be reckoned with. It also has a great influence on the Chinese entertainment industry as the two countries deepen their cultural exchanges. This article discusses the PRC legal issues involved from three aspects of “bringing in”, “going global” and “joint cooperation”, based on our previous experience in cultural and entertainment projects. Hopefully it will bring you some inspirations.
Continue Reading Sino-Korea Cooperation in Culture and Entertainment