Recent Articles

Clean Development Mechanism: Untapped Potential

King & Wood
November 10, 2008 09:55

Under the United Nation's Framework Convention on Climate Change (UNFCCC), “developed country Parties should provide new and additional financial resources to support the transfer of technology and take all practical steps to promote, facilitate and finance the transfer of, or access to,...

Hong Kong's Proposed Competition Ordinance: Unsettled Issues of Design

King & Wood
November 04, 2008 09:50

The Hong Kong Government has decided to introduce a cross-sector competition law during the 2008-09 legislative session. The Government has published a draft framework for the competition law and is currently seeking public comments on this draft. The introduction of a competition law is a...

Debt Restructuring -- Second Life for a Distressed Company

King & Wood
October 29, 2008 08:50

Stellar Megaunion Corporation ("SMC") was in serious debt, as it could barely repay its liabilities. New World China Land ("NWCL"), which was seeking an opportunity to go public, proposed to acquire SMC as a shell company which has no assets, but is publicly listed. To achieve...

Intersect Between Intellectual Property Law And Competition Law

King & Wood
October 24, 2008 06:56

At first glance, the goals of intellectual property law and competition law might appear to conflict. IPR owners are granted statutory rights to control access and charge monopoly rents to others for use of their rights. IPR owners may also use terms of IPR licences to regulate downstream...

Foreign Exchange Capital: Restrictions on Domestic Investment

King & Wood
October 20, 2008 07:27

   Recently, the Chinese government issued a couple of new laws and regulations to curb overseas “hot” money and strengthen the administration of foreign exchange. On August 5, 2008, the State Council amended and promulgated the Regulations on Foreign Exchange Administration...

Employment Contract Law Implementation Regulations: Initial Thoughts

King & Wood
October 08, 2008 05:17

The Implementation Regulations of the PRC Employment Contract Law, which has been anticipated for over a year, became effective on September 18, 2008. Overall, the Regulations are consistent with the spirit of the Employment Contract Law and resolves certain problems in its implementation. However,...

Wine Confusion: Trademark Dispute over Cabernet

King & Wood
October 07, 2008 08:39

On May 26, 2008, the China Trademark Review and Adjudication Board (“TRAB”) of the State Administration for Industry and Commerce (SAIC) made a decision in favor of Changyu Winery Group, upholding its exclusive use of the mark “cabernet” in Chinese ?“???”? as a...

Milk Mayhem - China Food Safety System in Flux

King & Wood
September 26, 2008 04:31

The current concerns about the spiking of dairy products in China with melamine have expanded into concerns about the state of Chinese food safety generally.   The problem does not appear to be a lack of regulations as there are a myriad of  relevant laws, regulations and rules (including...

Privacy: New Developments in the Protection of Personal Information

King & Wood
September 23, 2008 04:20

Finally, it seems that the first light of dawn in a quieter world has been shown to people who have been continuously bombarded by anonymous messages or phone calls via mobile and other communication channels for private tutoring, apartment sales, and insurance. On the 25th of August 2008, the 4th...

Transitional Tax Incentive Policies relating to the Enterprise Income Tax

King & Wood
September 22, 2008 02:42

The new PRC Enterprise Income Tax Law (“EIT law”) came into effect on January 1, 2008 and consolidated the enterprise income tax regimes for domestic enterprises and foreign-invested enterprises and ended the system of dual income tax regimes. The new EIT law unified the tax rates and...