Electronic growing pains Cyber security and data protection in the People’s Republic of China
June 3, 2016
Clyde & Co’s Richard Bell looks at China’s approach to cyber security and data protection, noting that China, unlike Singapore and Hong Kong, does not currently have a stand-alone governing law.
Anti-trust guideline for automotive industry introduces presumed exemption for vertical agreements
June 1, 2016
The National Development and Reform Commission (NDRC) released the Anti-trust Guideline for Automotive Industry …
China: New Law Outlines Dos and Don’ts of Foreign NGOs
May 18, 2016
A newly ratified law, which takes effect on January 1, 2017, outlines how foreign NGOs should conduct their activities in China.
Guantao merges with Zhongmao
May 4, 2016
Beijing-based Guantao Law Firm (Guantao) and Shanghai-based Zhongmao Law Firm (Zhongmao) officially announced their merger on April 18, 2016 after a five-year alliance …
Global economic weather 4th May 2016
May 4, 2016
The economic news has been so disappointing for so long that even the trickle of good news seen over the last few weeks is emerging as the strongest run for almost a year. But, as the chart shows …
Global economic weather 27th April 2016
April 27, 2016
Despite a week of mostly negative news, the story of the last month has been one of more surprises than shocks, …
Global economic weather
April 26, 2016
The balance of good news vs bad news about the global economy reached its most positive point since November 2015 during this week …
Dispute Resolution
April 20, 2016
The Beijing Arbitration Centre reference a case study to demonstrate arbitration’s fairness; Clyde & Co discuss arbitral awards in China and the future of arbitration in the middle kingdom; and Mochtar Karuwin Komar review mediation and explain why it should become more popular.
Achieving the proper result in arbitration
April 20, 2016
Using a recent case study, Gong Yuan Tang, Arbitrator of the Beijing Arbitration Commission, demonstrates how there is often more to take into consideration when trying to achieve the proper result than it first seems.
China – an international arbitration superpower? Enforcement of foreign arbitral awards in China and the future of arbitration in the middle kingdom
April 20, 2016
Richard Bell, dispute resolution partner at Clyde & Co, highlights key points of Justice Hongyu Shen of the People’s Supreme Court of the People’s Republic of China’s address on the enforcement of foreign arbitration awards in China, made on March 4, sets out the procedure for enforcing arbitration awards in China and considers China’s track record of enforcing foreign arbitral awards.
Overview of draft amendment to the Anti-Unfair Competition Law from anti-monopoly perspective
April 18, 2016
Both monopoly and unfair competition are anti-competition behaviors of business operators that violate trade order and code of business ethics. …
What China’s 13th Five-Year Plan means for businesses involved in innovation, technology and the Internet of things
March 31, 2016
China’s continued focus on technology and innovation will have a critical impact on intellectual property protection and enforcement …
Global economic weather
March 23, 2016
Fed chairman Janet Yellen’s dovish comments after the Fed’s FOMC meeting persuaded the market that we can expect only two US rate hikes this year …
Anti-trust Enforcement Agency gives guidance on business operator making commitments
March 22, 2016
The National Development and Reform Commission published the Guidelines for Commitments by Business Operators in
What in-house counsel should know about China’s anti-monopoly law in the intellectual property sector
January 19, 2016
He Jing of Anjie Law Firm gives history and case studies of China’s anti-trust laws in relation to IP and asks what he feels is the ‘big question’.
Anti-trust risks in group transaction (III)
January 13, 2016
In the last issue we mainly focused on practices where participants (Participants) to group transactions act as sellers, including purchase volume threshold, exclusive …
China’s New Family Planning Law Changes Employees’ Benefits
January 8, 2016
China passed a new law, effective 1 January 2016, which encourages families to have two children and removed the right to extended leaves for those who get married or have children late.
China amends educational laws to enable private educational institutions profitable
January 8, 2016
China removes “profit” restriction and allows Sino-foreign cooperation in educational institutions effective 1 June 2016.
Anti-trust risks in group transaction (II)
December 17, 2015
In the last issue, we discussed group transactions, i.e. multiple companies jointly purchasing or selling products. Group transactions are quite attractive to small and medium-sized companies …
On the road with ‘The Smarter Legal Model’ in Hong Kong, Shanghai and Beijing
November 18, 2015
Trevor Faure promised to help fellow Billion Dollar General Counsel with the problems that pile up on a Monday morning. And in three Workshops across Greater China – Hong Kong …
Anti-trust risks in group transaction (I)
November 16, 2015
Group transaction in this article refers to group purchase or group sales where multiple businesses jointly buy or sell products. Participants in a group transaction …
China Streamlines Commercial Registration System
October 22, 2015
Effective 1 October 2015, government authorities will no longer issue organization code certificate or tax registration certificate but consolidate their functions into new version of business license.
China Increases Standards of Reward for Transformation of Scientific and Technological Achievements
October 22, 2015
The newly revised Law on Promoting the Transformation of Scientific and Technological Achievements of PRC respects any reward agreement and provides default reward standards in the event of no prior mutually agreed reward standards.
Anti-trust compliance in exercising patent rights (Part 2)
October 9, 2015
In the previous article, we discussed patent pooling and related issues, such as competitive or unnecessary patents in the pool, exchanging sensitive information, and restricting a patentee’s …
China Eases Rules on Foreign Investment in Real Estate
October 8, 2015
The Chinese government revised existing rules to attract more foreign investments in real estate.
Anti-trust compliance in exercising patent rights (Part 1)
September 1, 2015
As the Qualcomm case has come to light and the Provisions of the State Administration for Industry and Commerce on Prohibiting the Abuse of Intellectual Property Rights to Preclude …
Draft Implementation Rule Addresses Vague Issues in the Labor Contract Law
August 17, 2015
The recent draft Implementation Rule reveals Chinese labor authorities’ efforts to clarify vagueness in the implementation of the Labor Contract Law for the past years.
Cyber Security Law to Tighten Network Operators and Users Supervision
August 17, 2015
The draft Cyber Security Law aims to strengthen supervision over cyber security. The proposed measures will influence not only network operators directly but also users and all public sectors.
Vertical agreement: illegal per se or the rule of reason? (Part II)
July 21, 2015
In the previous issue, we compared illegal per se and the rule of reason, and pointed out that cases where illegal per se applies turn out to be favourable to the enforcement agencies and the plaintiff in …
Shanghai’s New Immigration Policy to Attract Foreign Talents
July 18, 2015
The Shanghai Public Security Bureau released the Implementation Rules on Series of Immigration Policies of Shanghai Sci-tech Innovation Center. The article describes the standards for foreigners to be identified as “overseas talents”, the conditions to apply for permanent residence and other related topics.
Vertical agreement: illegal per se or the rule of reason? (Part I)
June 19, 2015
Illegal per se and the rule of reason are tools commonly used in anti-trust analysis. Chapter 3 (abuse of market dominance) of the …