This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,...more
A series of high-profile antitrust enforcement events have rippled through the internet sector in China. In this alert, we provide an overview of these events and our observations on possible impacts on market competition....more
On October 17, 2020, the Standing Committee of the National People’s Congress of China passed and adopted the Export Control Law of China (the ECL), which took effect on December 1, 2020. ...more
We have been closely following the case of Yutai v. Hainan Provincial Price Bureau, the first dispute involving the legality of a resale price maintenance program brought by China’s antitrust enforcement agency, the State...more
Today, product manufacturers doing business in China face uncertainty with regard to resale price maintenance (“RPM”). For more than five years, the National Development and Reform Commission (“NDRC”) and Chinese courts have...more
At first blush, Article 14 of the 2007 Anti-Monopoly Law of the People’s Republic of China (“AML”) appears straightforward — resale price maintenance (“RPM”) is strictly prohibited in China. Not so fast....more
Under PRC Labor Contract Law, a labor contract will usually contain non-competition provisions. Where it does not, an employer and employee may enter into a separate non-competition or confidentiality agreement. Typically,...more
Product manufacturers are always looking to increase revenue by tapping into new markets. In recent years, they’ve begun to focus their efforts on driving sales in Asia. ...more
For foreign investors, in addition to commercial opportunities, market entrance and policy environment, a significant aspect that drives their business success in China is human resources. Local employees of foreign-invested...more
For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more
On June 21, 2013, a United States medical supplies company executive was taken captive by Chinese employees in his Beijing factory. The employees have stated that the owner owes them two months’ back pay and expressed concern...more
I. Introduction -
In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to...more
It is no secret that trademark infringements are rampant in the People’s Republic of China (“PRC” or “China”). As the popular phrase goes, “???,???,” which translates to “feigning as brand name companies and free riding on...more