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By King & Wood Mallesons

20 February 2016, King & Wood Mallesons partner Mr. Lingyun Liu has been named as one of the 2016 China TOP 15 Litigators by Asian Legal Business (ALB) with his solid expertise and extensive professional experience in dispute resolution. ALB China research team selected the top 15 litigators based on their high-profile cases, clients’ recommendations, and feedback from the market.
Continue Reading King & Wood Mallesons Partner Lingyun Liu named ALB 2016 China TOP 15 Litigators

By King & Wood Mallesons

19 February 2016, King & Wood Mallesons is announced as a winner of Law Firm of the Year (China) and Best Overall PRC Law Firms by CBLJ in the 3rd consecutive year. Additionally, KWM has been recognized as the winner of six categories in Capital markets, Competition and antitrust, Compliance…

By Susan Ning, Kate Peng and Weiqing Qiu  King & Wood Mallesons’ Commercial & Regulatory Group

Ountitlednpeng_kate April 7, 2015, the State Administration for Industry and Commerce (“SAIC”) officially published the Rules on Prohibition of Abuses of Intellectual Property Rights for the Purposes of Eliminating or Restricting Competition (“SAIC IP Rules”). This is the first set of rules to implement the general principles recognized by Article 55 of China’s Anti-Monopoly Law (“AML”) in the IPR sector. The SAIC IP Rules introduce a safe harbor mechanism which validates certain intellectual property right (“IPR”) related restraints.

During 2015, the Antitrust Committee under the State Council entrusted four authorities with drafting the Antitrust Guidelines regarding Prohibition of Intellectual Property Abuse (“IP Guidelines”). Amongst the four authorities, SAIC published its seventh version of draft IP Guidelines on February 5 2016 (“draft SAIC IP Guidelines”) and the National Development and Reform Commission (“NDRC”) published their second draft on December 31, 2015 (“draft NDRC IP Guidelines”). Both the SAIC and NDRC draft IP Guidelines set out an IPR sector safe harbor.
Continue Reading The Antitrust Safe Harbor for Exercising IPRs: More Details are Needed for its Scope, Thresholds and Compatibility

By Susan Ning, Kate Peng and Ying Zhu King & Wood Mallesons’ Commercial & Regulatory Group

Ountitledn peng_kateDecember 8th 2015, the State Administration for Industry and Commerce (SAIC) publicized on its website Guangdong Administration for Industry and Commerce (AIC)’s decision in relation to the boycott investigation into Guangzhou Panyu Animation Association (GAGA). This is the very first investigation that focuses on a boycott agreement. In previous investigations where boycotts were identified, there were always other anti-competitive agreements involved and boycott agreements were not identified as the target violations that were subject to fines.

Here we introduce the GAGA investigation and some previous boycott-related investigations. We then present a short guide to practices that may constitute boycott agreements identified by the authorities.
Continue Reading First Boycott Decision: Be Careful with Concerted Exclusive Dealing

By Tamsin Rickard, King & Wood Mallesons

The interpretation of staff remuneration rules for banks and certain investment firms across Europe looks set to be clarified, following a new opinion from the European Banking Authority (the “EBA”) which was published on 21 December 2015.

The opinion relates to the so-called “proportionality principle” under CRD IV,…

By Xu Xiaodan and Liu Chang King & Wood Mallesons’ Commercial & Regulatory Group

Txu_xiaodanhe Amendment of the PRC Population and Family Planning Law has been officially implemented as of January 1st, 2016. The aforementioned Amendment has changed China’s previous one-child policy to one that encourages couples to have a second child, establishing the…

By Louise England and Long Dong King & Wood Mallesons’ Dispute Resolution Group

Prior to the China International Economic and Trade Arbitration Commission (CIETAC) Guidelines on Evidence (Guidelines) coming into effect on 1 March 2015, CIETAC tribunals relied on a combination of the Arbitration Law of the People’s Republic of China…

By King & Wood Mallesons

After a decade of negotiations and over a year of fine tuning, the much anticipated China-Australia Free Trade Agreement (ChAFTA), which was signed on 17 June 2015, will finally come into force on 20 December 2015, cementing the most favourable trade deal that China has concluded with any developed economy.…