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The formally promulgated Provisions on Trade Secret Civil Cases is the first comprehensive and systematic judicial interpretation that is specialized for trade secrets, which will be helpful for unifying the criteria of law application for the Chinese courts in trying civil cases of trade secret infringement. The two judicial interpretations added many provisions that are favorable for right owners of trade secrets, especially for the monetary threshold for concluding the crime of trade secret infringement is lowered from RMB 0.5 million to RMB 0.3 million, which will increase the chance for right owners in successfully enforcing trade secret and will definitely strengthen the strikes against trade secret infringement and crimes in China.
Continue Reading Two Judicial Interpretations Relating to Trade Secrets Formally Promulgated and Coming into Force in September

By Tim Taylor QC King & Wood Mallesons’ Dubai Office

Itaylor_tn March 2015 the Government of India issued its draft model text for the Indian Bilateral Investment Treaty (the “Draft BIT”) for public comment. Following various amendments, on 28 December 2015, the revised, and final, version of the model BIT (the “…

By Paul Schroder  King and Wood Mallesons’ Sydney office 

On November 17, 2014 China signed a declaration of intent with Australia concluding the first stage of bilateral negotiations on a free trade agreement (ChAFTA). Australia will reduce the tariffs on all Chinese products to zero eventually and China will reduce the tariffs on most of Australian products to zero. In the services sector, both sides promised to open their markets to each other’s service providers in a meaningful way. In the investment field, although the details have not yet been released, MOFCOM announced that both sides have agreed to grant each other “most favored nation status”.

They also agreed to significantly reduce the review thresholds for corporate investment, to increase market access opportunities, and improve the predictability and transparency for investment. The agreement will cover more than 10 areas, including trade in goods and services, investment and trade rules. It will also cover subjects such as e-commerce and government procurement. According to MOFCOM

“The China-Australia FTA negotiations have realized the goal of comprehensiveness, high quality and balance of interests. The signing of the agreement will allow the two countries to fully utilize their respective economic advantages, boost win-win cooperation, bring mutual benefits and promote the in-depth development of bilateral economic and trade ties.”
Continue Reading ChAFTA 2014: The winners, the thresholds and the opportunities

By Meg Utterback and Ding Liang of King & Wood’s Cross border dispute resolution Practice

As the United States mid-term elections draw near, we can expect greater protectionist measures from the US government in an effort to appease voters who are demanding an improvement in the US unemployment statistics. One such protectionist measure is the initiation of the recent 301 investigation relating to allegations that the Chinese clean technology and renewable energy sectors are being unfairly advantaged by government subsidies.   Almost all countries are subsidizing the renewable sector in one form or another in hopes of easing the world’s dependence on fossil fuels. It seems however that the US has taken umbrage with the extent of Chinese programs supporting the clean technology and renewable energy industries.Continue Reading China Clean Tech at Risk– Initiation of the Recent Section 301 Investigation

作者：汪蕊，合伙人 ，金杜律师事务所，奥运工作团队

作为取得奥运会市场开发权益的对价，各相关类别的赞助商向奥运会提供了金额可观的资金和实物投入。每一届奥运会的成功举办都离不开赞助商的大力支持。因此，国际奥委会将赞助商的权益保护视为奥运会筹备组织工作的重要环节。而北京市政府和北京奥组委也在《主办城市合同》及《市场开发计划》中做出了庄严的承诺，将采取一切必要措施防止和打击任何形式的隐性市场行为。Continue Reading 北京2008奥运会的反隐性市场措施