News & Analysis as of

SAIC China

PRC Court refuses to enforce SIAC arbitral award made by one arbitrator under expedited arbitration procedures when arbitration...

by Hogan Lovells on

In Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1, the Shanghai No.1 Intermediate People's Court in a judgment dated 11 August 2017 refused...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

by Allen & Overy LLP on

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more

China Cracks Down on Commercial Bribery in the Private Sector

by Morgan Lewis on

Government will focus on corruption in sales incentive programs. Background - The Chinese government has intensified probes into commercial bribery in the private sector, with a particular focus on sales incentive...more

Global investigations – the outlook for 2017

by DLA Piper on

With the arrival of 2017, the pace of cross-border investigations is expected to continue, if not increase.  For multinational companies, the regulatory and enforcement landscape remains one which merits attention, both for...more

Another Step to Speed Up the Company Registration Process in China

Under the current company registration procedures of the People’s Republic of China, before undertaking the approval and/or registration procedures for establishing a company, the investor(s) of a new company must first file...more

China Simplifies Its Legal Administration of Foreign Direct Investments

In order to implement the State Counsel’s decision issued on September 3, 2016 (State Counsel’s Decision), which simplifies the original substantive review and approval process (Approval System) to a new simple filing system...more

Donations and Grants in China: Compliance Controls Beyond T&E

by Ropes & Gray LLP on

While travel and entertainment expenses have presented significant compliance challenges for life sciences companies operating in China, donations and grants can also pose notable compliance risks. China’s escalated...more

China Tightens Regulations on Online Advertisements

On July 4, 2016, China’s State Administration for Industry and Commerce (“SAIC”) issued the Interim Measures for the Administration of Internet Advertising (“the Interim Measures”), which will take effect on Sept. 1, 2016....more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

SEP-Based Injunctions: Down But Not Out

by Allen & Overy LLP on

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

When Does An IP Owner Become An IP Abuser?

by Allen & Overy LLP on

Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more

China Aims to Strengthen Regulations on Commercial Bribery

Recently, the Legal Affairs Office of the State Council released draft amendments (Draft Amendments) to the Anti-Unfair Competition Law (AUCL) of the People’s Republic of China (PRC) for public comments. The Draft Amendments...more

China Continues Intensifying Supervision on Product Quality

The State Administration of Industry and Commerce (“SAIC”) has promulgated the Measures for Supervision and Administration of the Product Quality in the Circulation Sector (??????????????) (“Measures”) on March 21, 2016, and...more

China’s Anti-Unfair Competition Law Is Poised For An Update

Since 2010, China’s State Administration for Industry and Commerce (SAIC) and the State Council Legislative Affairs Office (SCLAO) have been revising China’s Anti-Unfair Competition Law of 1993 (AUCL). This February the SCLAO...more

China’s Allopurinol Case: Double Jeopardy For One Anti-Competitive Scheme?

by Allen & Overy LLP on

Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical...more

MoFo IP Newsletter - October 2015

by Morrison & Foerster LLP on

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

by Reed Smith on

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

China Tightens Advertising Rules for Life Sciences Companies

by Ropes & Gray LLP on

This year China’s Advertising Law will see its first amendment in two decades. The amendment, which will be implemented on September 1, 2015, reflects the central government’s efforts to strengthen consumer protection and to...more

Law À La Mode - Special Edition – INTA 2015

by DLA Piper on

In This Issue: - DUBAI’S d3: National talent meets international brands - COMBATTING COUNTERFEIT GOODS ONLINE: Are Alibaba’s anti-counterfeiting efforts enough? - A GUIDE TO PROTECTING A NEW FASHION ITEM: Our...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

China’s SAIC Issues Competition Rules Regulating Abuse of Intellectual Property Rights

by Morrison & Foerster LLP on

On April 7, 2015, China’s State Administration of Industry and Commerce of the PRC (the “SAIC”) issued the long-anticipated Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrain...more

New Measures Clarify Consumer Protection Rights in China, Stipulate Penalties for Misconduct

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March...more

China to Implement New Personal Data Protection Rules

by McDermott Will & Emery on

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and Interests of Consumers (Measures). The Measures clarify...more

China's State Administration for Industry and Commerce Releases Measures Defining Consumer Personal Information

by Reed Smith on

In January, China’s State Administration for Industry and Commerce (SAIC) released its ‘Measures on Penalties for Infringing Upon the Rights and Interests of Consumers’ (Measures) which are due to take effect March 15, 2015....more

China’s SAIC Solicits Comments on the Draft Rules on Online Mass Promotion Events

by Davis Wright Tremaine LLP on

On Jan. 6, 2015, China’s State Administration of Industry and Commerce ("SAIC") issued an announcement to solicit the second round of public comments on the draft of Interim Rules on the Administration on Online Mass...more

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