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swinson_mBy Michael Swinson
As risks associated with the Internet of Things become increasingly apparent, it is inevitable that legislators will need to grapple with how legal responsibility for these risks should be managed. This will give rise to complex issues, and difficult policy choices will need to be made to provide adequate protection for users, without creating the prospect of huge potential liabilities that may deter ongoing innovation and development of disruptive IoT technologies.

Continue Reading IOT Issues: Allocating Liability

By Minny Siu, Richard Mazzochi, David Mu, Jessie Ng and Marina Lauer King & Wood Mallesons’ Hong Kong office.

siu_mmazzochi_rToday, MSCI Inc. (“MSCI”) announced the results of its 2017 Annual Market Classification Review, including its decision on its proposed inclusion of China A-shares in its MSCI Emerging Markets Index and other major global indexes.

This is yet another important breakthrough for China’s equity market and for global investors. Investment funds and financial products tracking these indexes globally will now be mandated to invest in the China A-shares market from June 2018.
Continue Reading Home Run for China A-shares

By Mark Schaub, Atticus Zhao and David Hong King & Wood Mallesons’ Corporate & Securities group

schaub_mChina is the promised land for many international Network Marketing companies.

China has what Network Marketing companies thrive on: consumers – 1.4 billion of them; a fast-growing middle class of over 300 million – interested in upmarket goods but also open to opportunities; and finally, an exploding market appetite for Network Marketing-friendly products – dietary supplements, cosmetics and homeware are all experiencing double digit growth rates.
Continue Reading A Castle Built on Sand: Challenges and Opportunities for Network Marketing in China

By Dorothy Murray and Edmund Northcott  King & Wood Mallesons’ London office.

murray_dAs more jurisdictions permit third party funding of international arbitration, the question of whether details of the funding must be disclosed arises ever more frequently.

Concerns to date focus on conflicts (ensuring that the identity of the funder poses no challenge to the independence and impartiality of the tribunal) and the ability of a respondent to apply for security for costs. The Tribunal in the case of Muhammet Cap v. Turkmenistan[1], was motivated by these concerns when requiring the Claimant to disclose whether it was being funded by a third party funder, and if so, the funder’s identity and nature of the funding arrangements, including to what extent the funder would share in a favourable award to the Claimant.
Continue Reading Thoughts on Disclosure of Third Party Funding

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

The PRC government continues to set the stage to develop self-driving cars.schaub_mThe latest salvo took place on 13 June 2017 when the Ministry of Industry and Information Technology (MIIT) and the Standardization Administration of China (SAC) jointly issued draft Guidelines for the Establishment of National Standards System of Telematics Industry (Intelligent & Connected Vehicles) (“Draft Guidelines”) for public comment.  
Continue Reading China: Put Self-driving Cars into Gear

By Minny Siu, Richard Mazzochi, David Mu, Jessie Ng and Marina Lauer King & Wood Mallesons’ Hong Kong office.

siu_mmazzochi_r
Tomorrow, MSCI Inc. (“MSCI”) will release the results of its 2017 Annual Market Classification Review. There has been intense market focus on whether China A-shares will be, after the previous 3 attempts, included in the MSCI Emerging Markets Index.MSCI’s decision will ultimately be based on its Global Investable Markets Indexes Methodology, which includes 18 measures across its market accessibility criteria. If tomorrow’s review supports the inclusion of China A-shares, this would be another significant breakthrough for China’s equity market and attract new mandates from investment funds and financial products rebalancing their asset allocation to include China A-shares.
Continue Reading MSCI’s 2017 Annual Market Classification Review due tomorrow: a recap of what’s at stake for inclusion of China A-shares

By Cecilia (Xianying) Lou, Mark (Guangrui) Fu King & Wood Mallesons’ Corporate & Securities group.

lou_ceciliaThis article was first published in the June 2017 edition of CSj, the journal of the Hong Kong Institute of Chartered Secretaries and published by Ninehills Media Ltd. It aims to give an introduction to China’s Cybersecurity Law which becomes effective this month, and assess the implications of the law for companies with a business presence in both Mainland China and Hong Kong.
Continue Reading A Brief Introduction to China’s Cybersecurity Law

By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.

dang_zheAt the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
Continue Reading How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?

By Xu Jing King & Wood Mallesons’ IP group.

01The specific measures established in this case provide a guiding standard to determine essential factors of irreparable damage to a patented design. This case serves as guidance and reference for handling other similar cases.
Continue Reading Christian Louboutin’s fight against counterfeits of their lipsticks in China

By Ni Zhenhua King & Wood Mallesons’ IP group.

ni_zhenhuaThe exemplary case of SAP SE

SAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. It is also the world’s third largest independent software supplier, with more than 102,500 enterprises in 120 countries worldwide using SAP software and over 80% of Fortune 500 enterprises benefiting from its management solutions. In the 1980s, SAP SE entered the Chinese market. Thanks to its successful operation over three decades, it has won great recognition in China. 
Continue Reading Protecting foreign copyright in China: how is compensation for damages calculated?