MMLC Group

This article provides a summary of the most important laws in China governing the relationship between an employer and an employee. The discussions apply to wholly foreign-owned entities, local domestically owned entities, as well as the employment of foreigners and locals.

This article looks at Zippo's recent trademark litigation action and the recognition of ZIPPO as a well-known trademark in China, by the Zhejiang High Court.

This article reviews the activities of the Chinese Ministry of Commerce and the Anti-Monopoly Bureau, in reviewing applications for approval for M&A transactions under the PRC Anti-Monopoly Law, over the last 12 months.

This article summarises the 6 years of design patent litigation between Neoplan and Zhongda, two heavy weights in bus manufacturing. Readers will see that it is vital for manufacturers and designers to protect the confidentiality of their designs prior to the filing of design patent applications in China and elsewhere.

Foreign investors need to understand China's indirect taxes, especially its withholding taxes and VAT reforms. China relies greatly on these for its revenue base, thus enforcement of these taxes is strict. This article reviews these indirect taxes and identified major current issues.

This article looks at the issues associated with the enforcement of arbitral awards from the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre, in the People's Republic of China. Arbitration can be an effective mechanism to resolve civil and commercial disputes. Many choose to use arbitration as it is confidential in nature, possibly more predictable and manageable.

China began to allow for the registration of three-dimensional (3D) marks when the new Trademark Law was passed in 2001. Unfortunately, the Chinese Trademark Office (CTO) has been very strict when examining these sorts of applications, so only a few have registered. Some recent cases will change this ...

Trademark owners are reminded that any person can apply to the Chinese Trademark Office, to cancel their a trademark registration on the grounds that it has not been used at all for three consecutive years. This article looks at how the relevant provisions of the law in this area is applied in China by the courts, and what can constitute "use" for the purposes of defending any action for cancellation.

China’s Anti-monopoly Law took effect on 1 August 2008. During the last four years, over 400 business transactions have been reviewed under this law, including most of the world’s largest international transactions. This article looks at some of the major developments in this area of Chinese law, from a regulatory and policy perspective.

China has the world's largest internet population and by 2015, it may also have the greatest number of online shoppers. New developments in e-commerce bring the issue of intellectual property infringement and the liability of e-commerce operators to light. The E-land v. Taobao case in China removed the defense of the "Safe Harbor Principle" for the first time for online shopping mall operators, and should serve as a grave warning to these operators in China.

This article looks at the long awaited regulation that outlines penalties for non-compliance with transactional approval aspects of the Chinese Anti-Monopoly Law. This new regulation commenced on 1 February 2012.

This article looks at how damages are awarded in Chinese trademark infringement cases. The principle regulations on trademark infringement damages in China are in Trademark Law of People’s Republic of China (the Trademark Law). Article 56 of the Trademark Law (Article 56) provides two methods on how to calculate the damages in trademark infringement cases.

This article looks at the makeup of the Chinese antitrust authority, its development and its case history. Establishment of Anti-Monopoly Bureau: The Chinese Anti-Monopoly Bureau was formally established within the Ministry of Commerce (‘MOFCOM’) in September 2008 under Notice on the Establishment of the Anti-Monopoly Bureau. It replaced the previous Antitrust Investigation Office under the Law and Treaty Bureau of MOFCOM.

This article looks at the development of the legislation and policies regarding the recognition and protection of well-known trademarks in China.

This article looks at the options for proceeding with IP infringement claims in China, with an emphasis on court action, procedural issues, and recent damages awards provided by Chinese courts.

This article looks at the development of antitrust/anti-monopoly/competition law in China, and provides an analysis of the various regulations involved and the government departments involves in enforcing these regulations in China.

This article looks at the main regulators and laws involved in carrying out construction projects in China. It also provides some useful tips for project owners to keep in mind when dealing with construction projects in China.

This article looks at the latest draft of China's proposed new trademark law, focusing on some of the major changes to trademark law practice that this draft intends to make. Many commentators expect this draft to become law in early 2012.

This article looks at the Chinese competition law issues associated with the recently announced acquisition of China's Hsu Fu Chi, by Nestlé’s. Some are concerned that the transaction may not be approved by China's Ministry of Commerce on competition grounds, given its apparent similarities to the failed Coca-Cola/Huiyuan transaction.

This update looks at major recent developments in legal and business issues in China.

This update looks at the recent Federal Court decision in the Centro case, which discusses directors' duties; as well as recent developments in IP, competition law, tax and property law, in Australia.

The latest issue of our China Update looks at some major developments in IP, equity contributions, competition law and tax issues affecting China. It also highlights some interesting business developments that should capture the attention of China watchers.

Patent licensing is one of the most effective ways to maximize returns on R&D investments. When licensing technology to licensees in China, it is vital for patent owners to ensure compliance with the relevant regulations concerning recordal obligations and royalty remittance rules. This article reviews the current obligations for license recordals under the Chinese patent law and regulations, and the technology import and export regulations.

Internet-related crimes are covered by a number of regulations in China and are becoming increasingly important as e-commerce develops in China. This article looks at the Chinese regulatory authorities that are in charge of investigating Internet-related crimes.

This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.

This article looks out a number of issues associated with the enforcement of foreign decisions of courts and arbitrators, in China.

This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.

China's automotive industry has grown nearly 2,000% in the past 20 years to a whopping 13.6 million total autos sold in 2009—surpassing the US to become the world's number one auto market.

This article looks at the various laws and regulations that can be used to protect privacy in China. It goes on to analyze a recent court decision regarding Article 253 of the PRC Criminal Law, which has expanded the scope of this provision for the benefit of privacy.

Since China's adoption of the “Open Door” policy and entry into the World Trade Organization (‘WTO’), merger and acquisition activities in China have become an increasingly attractive alternative to foreign investors as compared to foreign direct investment. This article gives an overview of the laws and regulations governing mergers and acquisitions by foreign entities in China.

The State Council of the People’s Republic of China issued the new Detailed Rules for the Implementation of the Patent Law (the Detailed Rules) on January 9, 2010. The amended Detailed Rules causes some changes regarding the legal rights of service invention employees.

The China State Administration of Taxation ("SAT") issued Circular Guoshuihan [2009] No.507 “Notice of the State Administration of Taxation about the Issues Relevant to the Execution of the Royalty Clauses of Tax Treaties” (“Circular 507”) on 14 September 2009 clarifying some issues on implementation of the Royalty Clauses under the tax treaties between the PRC and various countries. This article reviews the major issues of that Circular.

This article looks at the key players in this industry, as well as summarizes the major regulations applying to this industry. It is a snapshot.

This article looks at the main players in China's fledgling solar power industry, and the key regulations and government policies affecting the development of the industry.

This article looks at how non-compete agreements and arrangements are regulated under Chinese law.

The PRC Anti-Unfair Competition Law has become a powerful weapon for dealing with unfair and corrupt business practices. This article focused on the intellectual property protections aspects of this law. Article 5 of this law is akin to the common law action for passing off, but could be seen as being broader and more flexible.

HP and 3Com Corporation (3Com) announced in November 2009 that they had entered into a definitive agreement under which HP will purchase 3Com, a leading provider of networking switching, routing and security solutions, at a price of $7.90 per share in cash or an enterprise value of approximately $2.7 billion. The Chinese government approved this transaction in early April 2010.

A welcome development, has been the enactment of a new tort law in China in early 2010. This law has the potential to change the legal landscape in China in relation to negligence claims, IP infringement matters and labor matters.

China has just seen double-digit growth in its biotechnology industry and has gone from being one of the slowest to one of the fastest nations in the adoption of new biotechnologies. By 2010, the Chinese biotech market is projected to reach US$9 billion. This article gives a snapshot of the industry and major laws.

On 29 September 2009, China’s Ministry of Commerce (“MOFCOM”) published another decision from its fledgling Anti-Monopoly Bureau (“AMB”), this time concerning the acquisition of Wyeth by US drug heavy-weight, Pfizer. Approval was granted to the transaction, ahead of approval from the US Federal Trade Commission, Australian ACCC and the Canadian Competition authority.

The Chinese securities market is a hot area for foreign investment. Currently, China has opened the B-share market to foreign investors, and begun to open the A-share market to qualified foreign institutional investors, which means China has opened its domestic stock market to foreign capital. In terms of securities firms, China is beginning to widen market access to foreign capital.

In late May 2009, the Justicw John Gilmour of the Federal Court of Australia, reserved his decision in the case brought by the Australian Securities and Investments Commission (“ASIC”) against billionaire, Andrew (Twiggy) Forrest of Fortescue Metals Group. This article looks at the precarious nature of contracting with a Chinese entity and the care that must be shown, when issuing public announcements.

This article looks at the rules to follow when filing appeals in trademark prosecution actions in China. It looks at practical steps for filing appeals to the TRAB and to a court.

A recent decision by a Chinese court, making Scheider Electric pay tens of millions of dollars in damages to a Chinese patent holder, must be seen as a wake up call for any one doing business in China. China's patent laws need to be considered when doing business in China and failure to do so, can lead to disastrous consequences.

On 24 April 2009, China’s Ministry of Commerce (“MOFCOM”) published yet another controversial decision from its fledgling Anti-Monopoly Bureau (“AMB”) concerning the acquisition of British owned chemical producer, Lucite, by Mitsubishi Rayon. Approval was granted to the transaction, following approvals from every other competition bureau around the world, however that approval was made subject to some controversial conditions.

This article analyses the new Chinese Anti-Monopoly Law, and recent decisions in international M&A transactions under this law - including the Inev/Anheuser Busch transaction, the Coca Cola/Huiyuan transaction and the Mitsubishi Rayon/Lucite transaction. This article also suggests steps that can be taken to maximise chances of approval being obtained from the Chinese Anti-Monopoly Bureau in M&A transactions requiring approval.

This article looks at policing of IP rights in China, with a particular focus on trademark rights. It examines some of the special policing measures available in China.

This article looks at the legally complex area of virtual property ownership in Greater China. It is the writer’s view that new laws need to be developed to recognize and cope with the virtual property, noting that some regions in Greater China have been willing to do this already.

This article provides an overview of current laws and regulations in connection with intellectual property ownership of inventions developed by an employee within the scope of employment in China. It also refers to similar developments under the new Patent Law, which is due to be enacted in 2009.

Privacy rights have been available to Chinese citizens under the Constitution and other legal regulations since the 1980's. However, due to the size and strength of government, as well as a general reluctance in the past to litigate, the laws have not been tested to a great extent. The legislature is in the process of developing broader privacy rights under a Civil Code.