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by Huang Jianwen  King & Wood Mallesons 

With multiple authoritative statements drawing wide attention, Hainan’s pharmaceutical and healthcare industry is seeking comprehensive development

The year of 2018 is a remarkable year in Hainan’s pharmaceutical and healthcare industry. The mission of medial development is noted conspicuously in President Xi Jinping’s remarks celebrating the 30th anniversary of the founding of the Hainan Province and the Hainan Special Economic Zone, and the “Guiding Opinions of the CPC Central Committee and the State Council on Supporting Hainan in Comprehensively Deepening Reform and Opening-up” (“Guiding Opinions”). Furthermore, the “Decision of the State Council on Suspending the Implementation of the ‘Regulations on the Supervision and Administration of Medical Devices’ in the Boao Lecheng International Medical Tourism Pilot Zone, Hainan Province” (“Decision”), issued on April 2, has officially handed over to the Hainan Provincial Government the approval power associated with medical institutions’ using unregistered medical devices that are urgently needed for clinical use.
Continue Reading Stay Focused on the Policies of Hainan’s Pharmaceutical and Healthcare Industry

by Zhang Xiaoxia  KING & WOOD MALLESONS

Preview:

On 27 February 2018, the General Office of the Central Committee of the Communist Party of China (CCCPC) and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property Right Trial Field. The second part of Article 2 specifically stresses two points: “First, adhering to the value orientation that intellectual property rights create value, and right holders deserve interests in return. A judicial determination mechanism for damages, with compensation as the principal means and punishment as the supporting means, shall be established, and the problem of “low-value compensation” in action against infringements on intellectual property rights shall be resolved first. Second, tightening punishment for infringements on intellectual property rights and reducing enforcement costs.
Continue Reading Principles for Determining Damages Compensation in Intellectual Property Cases

By Song Xinyue and Ge Min, IP Litigation, Beijing

Allocation of burden of proof is an area of great concern in a process patent infringement dispute.  In practice, the accused infringing process is usually strictly controlled by the accused infringer and hard to approach, which poses great challenges for a patentee of a process patent to produce evidence and enforce its legitimate right.  Fortunately, a patentee of a process patent for manufacturing a new product doesn’t have to bother with producing evidence showing the defendant’s infringement, as the Patent Law and the Rules of Evidences in Civil Procedures both set forth that the accused infringer shall furnish proof to show that the process used in the manufacturing of its products is different from the patented process as long as the patentee can prove that the process patent directs to a new product and that the accused infringer have made identical products.  However, a patentee holding a process patent for manufacturing a known (not new) product will not be so lucky. 
Continue Reading Invocation of Presumptions and Burden of Proof in Patent Disputes over Manufacturing Processes

作者：金杜律师事务所

On 8th June 2018, King & Wood Mallesons (“KWM”) advised Foxconn Industrial Internet Co., Ltd. (“FII”) on its successful listing on the Shanghai Stock Exchange. As one of the top manufacturing unicorn enterprises, FII issued 1.96 billion shares with an offering price of RMB 13.77 per share, raising more than RMB 27.1 billion. The successful completion marks one of the largest A-share IPOs in the past three years to the date, and ranks as the 11th largest listing of A-share capital markets in China.
Continue Reading King & Wood Mallesons advises Foxconn Industrial Internet Co., Ltd. on its successful A-share listing

作者：栾剑琦 黄建贤 王珏 易忠云 金杜律师事务所金融资本部

Given recent innovations in Chinese residents’ consumption concepts and the support of national policies, auto finance and consumer finance have both achieved relatively rapid growth. On 11 April, PBOC Governor Yi Gang (易纲) announced at the Boao Forum for Asia various financial liberalization measures to be launched this year, including encouraging the introduction of foreign investment in financial sectors such as auto finance and consumer finance. This move may bring new opportunities for development for the auto finance and consumer finance industries. This article will review the development history of auto/ consumer finance companies and the status quo of foreign investment access and, based on our experience, analyze the opportunities the current opening-up of the financial market may bring to foreign investors as well as the regulatory requirements foreign investors should pay special attention to when investing in these two types of companies.
Continue Reading The Status Quo and Prospect of Foreign Access to Auto and Consumer Finance Companies

By Mark Schaub and Atticus Zhao   King & Wood Mallesons’ Corporate group.

China is embarking on bold moves to re-shaping its auto industry policy. This follows recent announcements in relaxation of key restrictions on foreign investment in the auto sector.

The National Development and Reform Commission (NDRC) is the body tasked in China with laying the direction for industrial policy. On May 17, 2018 the NDRC circulated the draft Administrative Rules on Auto Industry Investment (“Draft Rules”) to local governments and industry stakeholders for comment. The Draft Rules when passed will replace the current car industry development policy that has been in place since 2004.
Continue Reading China is Re-shaping its Auto Industry

By Junlu Jiang and Chenkun Li King & Wood Mallesons’ Antitrust & Competition group.

Jiang Chai is an online taxi driver. He became a staff member of Beijing Changxing Traffic Co., Ltd. (hereinafter as “Changxing Company”) in 2014 and fulfilled orders allocated by a taxi-booking mobile application operated by Beijing Cheyun Technology Co., Ltd. (hereinafter as “Cheyun Company”). The car he drove was provided by Changxing Company, and he paid cash deposit for the vehicle. Jiang Chai worked 6 days per week and did not need to work on traffic control days. Jiang Chai must log onto the platform at 7 a.m. every day, start driving the vehicle before 7:30 a.m., and shall not stop working before 9:30 p.m. He attended meetings on a weekly or monthly basis, and the meeting locations were either unfixed sites or the premise of Cheyun Company. Jiang Chai’s salary was paid by Cheyun Company based on the profits of the taxi-booking mobile application platform. Changxing Company did not enter into employment contract with Jiang Chai or pay social insurance for him. Changxing Company and Cheyun Company are affiliated companies.
Continue Reading Which Is It for Online Taxi Drivers? Employment or Labor Service?

By Jiao Hongbin  King & Wood Mallesons’ Intellectual Property group.

On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical cases as well as additional 50 typical IP cases of the year 2017. We have summarized 19 out of the 22 trademark cases among them which involves the recognition of generic name, the protection of unregistered trademark, fair use of a trademark etc., for your easy reference.

Part I. Civil Cases

  1. Fuzhou Rice Factory vs. Wuchang Jinfutai Agricultural LLC., Fujian Xinhuadu Department Store Co., Ltd Fuzhou Jinshan Dajingcheng Branch., and Fujian Xinhuadu Department Store Co., Ltd (Supreme People’s Court/(2016) Zui Gao Fa Min Zai No. 374)

This case involves the relationship between a registered trademark and variety denomination as well as the criteria for recognizing generic name.
Continue Reading 2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C

By Wang Fengli  Yuan Min   Li Wenqiang   Guo Haizhen   King & Wood Mallesons

It is reported in the People’s Court Daily, issued by the Supreme People’s Court (hereinafter referred to as “Supreme People’s Court“) on 25 April 2018, that the the 3rd Circuit Court of the Supreme People’s Court recently held an open hearing of the case of Fujian Weijie Investment Co., Ltd. (hereinafter referred to as “Weijie Company“) (appellant) vs. Fuzhou Tiance Industry Co., Ltd. (hereinafter referred to as “Tiance Company“) (appellee) with Junkang Life Insurance Co., Ltd. (hereinafter referred to as ” Junkang“) as the trial third party and made a ruling. As the Supreme People’s Court decided that the shareholding entrustment arrangement with respect to insurance companies was invalid, the case caused great concern in the financial industry.
Continue Reading Case Study on the Decision of the Supreme People’s Court with respect to Shareholding Entrustment in Insurance Companies