By Rui Wang , Yibo Ge and Jun Zhang King & Wood Mallesons’ Corporate & Securities Group
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n April 28, 2016, the PRC Administrative Law on Overseas NGOs’ Activities within China (《中华人民共和国非政府组织境内活动管理法》) (“Overseas NGOs Law”) was passed through the 20th meeting of the Standing Committee of the 12th National People’s Congress. The
By Patrick Gunning King & Wood Mallesons’ Sydney Office
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he results of our recent Directions survey confirm the anecdotal evidence that cyber-resilience was a hot topic for many directors and Boards in Australia in 2015 and is continuing in to 2016. ASIC produced a “Cyber resilience: health check” publication in March 2015, which helped
By Linda (Yanling) Liang and Wen Qin King & Wood Mallesons’ Commercial & Regulatory Group
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he Ministry of Human Resources and Social Security promulgated the Opinions on Several Issues Relating to the Implementation of the Regulations on Work Injury Insurance (II) (Ren She Bu Fa [2016] No.29，hereinafter referred to as “Opinions (II)”), aiming to
By Susan Ning Kate Peng Xin Wang King & Wood Mallesons’ Commercila & Regulatory Group
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recent years, against the backdrop that China’s antitrust enforcement authorities paid more attentions to regulate horizontal monopoly agreements, there has been an increase in corporate applications for leniency on their own initiative. To encourage and provide undertakings with more
By Shi Bisheng King & Wood Mallesons’ IP Group
On the morning of April 13, 2016, the Beijing High People’s Court published Guidelines for Adjudication of Network-related IP Cases (the “Guidelines”), which standardize the judicial rules applicable to network-related IP cases. The Guidelines are divided into 3 parts with a total of 42 Articles, and
By Susan Ning, Kate Peng, Weiqing Qiu, Yun Bi King & Wood Mallesons’ Commercial & Regulatory Group
Along with the public consultation on amendment of the Anti-unfair Competition Law (“AUCL”), some long-time controversial topics of AUCL are awaiting to be clarified through this amendment. One of them is the necessity of defining the existence of “competition relationship” in AUCL cases. Related amendments proposed in the draft AUCL are the revisions on original Article 2 (definition of unfair competition), Article 5 (market confusion) and Article 14 (defamation of business reputation), which we will discuss in this article later.
Continue Reading Companies Engaged in Different Business Could be Competitors under the Anti-Unfair Competition Law
By Shi Bisheng King & Wood Mallesons’ IP Group
In April 2015, the Legislative Affairs Office of the State Council P.R. China released the “Regulations on Service Inventions (Draft for Review)” (the “Regulations”) to the public for comment. The Regulations provide detailed provisions regarding the ownership of service inventions, the service invention reporting system, the
By Luo Ai and Xie Minru King & Wood Mallesons’ Commercial & Regulatory Group
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n March 28th of 2016, the Second Opinions of Several Issues concerning the Implementation of the Regulation on Work-Related Injury Insurance was issued by the Ministry of Human Resources and Social Security. According to the Article 6 of the Second
By Mark Schaub and Chen Bing, King & Wood Mallesons’ Corporate & Securities Group
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ina cross border e-commerce has grown by leaps and bounds in the last 2 years since the PRC authorities encouraged the use of bonded zones. Some commentators have suggested the value of the business may have exceeded USD 3 trillion in 2015. The effects have not been limited to China as many international companies have seen their share price rise exponentially on the basis of the China e-commerce phenomenon. Cross border e-commerce moved from being a possible avenue to sell to the China consumer to THE only way to sell to China.
Just as everything was going so well, suddenly major concerns surfaced about the very future of cross border e-commerce in China. These concerns were due to a raft of regulations that were issued in April 2016 by a number of Chinese regulators including Ministry of Finance (“MOF”), General Administration of Customs, State Administration of Taxation, Food and Drug Administration (“CFDA”), Ministry of Commerce, General Administration of Quality Supervision, Inspection and Quarantine.
Continue Reading “Keep Calm and Carry On”: Keeping up with China’s changing rules for cross-border e-commerce
By Lucy Lu, Ding Wu King & Wood Mallesons’ Commercial & Regulatory Group
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he Rules for the Administration of Employment of Foreigners in China, promulgated by former Labor Ministry, Public Security Ministry and Ministry of Foreign Affairs, is an old provision since 1996 without any revision. Recently with the internationalization of the
