deheng law offices
winner: dalian wanda commercial properties $ 4. 4b privatization conyers dill & pearman deheng law offices fangda partners reed smith sidley austin tian yuan law firm
founded in 1993, deheng law offices (‘ deheng ’) is one of the largest law firms in china. the aim of deheng is to be the leading chinese law firm and to provide legal service of highest standard with professional integrity and proficiency for our chinese and international clients .
deheng intellectual property (deheng ip) is one of the divisions of deheng law offices. headquartered in beijing, deheng ip has experience in a variety of areas, including acquisitions, licensing and related litigation and administrative proceedings. barron, xiaomi and china development bank are some of the firm' s clients .
mr. ding joined deheng law offices in 2013. before joining deheng, he worked at king & wood mallesons, dewey ballantine llp in dc, china national textile import & export corp, and the us international law institute .
founded in 1993, deheng law offices (“ deheng ”) (previously china law office, a subsidiary institution of the ministry of justice of china) is one of the largest law firms in china. headquartered in beijing, deheng has 1500 lawyers in twenty five offices in china. the aim of deheng is to be the leading chinese law firm and to provide legal service of highest standard with professional integrity and proficiency for our chinese and international clients .
work experience mr. ding joined deheng law offices in 2013. before joining deheng, he worked at king & wood mallesons, dewey ballantine llp in dc, china national textile import & export corp and the us international law institute .
latham & watkins, and commerce & finance law offices, advised qihoo 360 technology. maples and calder, and
conyers dill & pearman, kirkland & ellis, and fangda partners, acted as cayman, us and prc counsel, respectively, to the buying consortium. deheng law offices advised citic guoan on prc law. appleby, allbright law offices, and white & case, were british virgin islands, prc and hong kong legal counsel, respectively, to the lenders .
passed the unfair competition law, as an important complimentary of the then effective trademark law .
founded in 1993, deheng (previously china law office, a subsidiary firm of the ministry of justice of china) is one of the largest law firms in p. r. china. its establishment was ofﬁcially approved by the ministry of justice of china and has transformed into a global partnership with offices in china and other jurisdictions. the aim of deheng is to be the leading chinese law ﬁrm and to provide legal services of highest standard with professional integrity and proﬁciency for its chinese and international clients .
deheng is one of the highly recommended antitrust firms in china by gcr - a guide to the world’s leading competition law and economics practices (15 th annual edition) .
latham & watkins acted as the issuer’s hong kong counsel. commerce & finance law offices was the issuer’s prc counsel and maples & calder was the issuer’s bvi and cayman islands counsel .
the deal was expedited by king & wood mallesons ’ ability to cover uk and prc law. through the joint efforts made by domestic and overseas offices, several challenging legal questions were resolved .
deheng antitrust team represents multinational and domestic companies to get merger clearance in mofcom, e. g. holcim / lafarge merger .
headquartered in beijing, china, deheng has 1500 lawyers in twenty - eight offices in china and abroad. we are able to provide high quality, efficient, multi - region and international legal services to meet the needs and requirements of our clients’ ever - growing business .
deheng antitrust team has provided full range of antitrust legal services for both domestic and international clients on antitrust litigation, antitrust investigation, merger filing, and antitrust compliance. deheng is one of the highly recommended antitrust firms in china by gcr - a guide to the world’s leading competition law and economics practices (15th annual edition) .
was prc law counsel to zhejiang geely holding group. conyers dill & pearman was british virgin islands law counsel to geely, and
advised zheshang bank on hong kong and us laws, and zhejiang t & c law firm advised the bank on prc law .
for its successful developments, deheng has won a high reputation and gained favorable comments not only from its clients, but also from china' s national leaders .
deheng antitrust team has provided full range of antitrust legal services for both domestic and international clients on antitrust litigation, antitrust investigation, merger filing, and antitrust compliance .
' s customs offices shall take actions to intercept importation or exportation of goods that were proved to be infringing on valid patents, trademarks, or copyrights. customs offices also have the power to investigate any suspected shipment and to confiscate the goods where infringement was found. basically, the regulation provides three measures to achieve the goal of effectively protecting intellectual property :
deheng antitrust team has dealt with many antitrust investigations re telecommunication, pharmaceutical, automobile, hotel online booking, tobacco etc. , on behalf of multinational or domestic companies .
advised postal savings bank of china (psbc) on prc law, and davis polk & wardwell advised the issuer on hong kong and us law. clifford chance and
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mr. ding received three master degrees of law from georgetown university law center and university of international business & economics. mr. ding is admitted as a chinese lawyer .
education mr. ding received master’s degrees in law from georgetown university law center and the university of international business & economics. mr. ding is admitted as a chinese lawyer .
simpson thacher & bartlett and fangda partners served as us legal counsel and prc legal counsel, respectively, to the special committee of homeinns hotel group. o’melveny & myers and commerce & finance law offices served as us legal counsel and prc legal counsel, respectively, to home inns group .
ms. li was graduated in zhongnan university of economics and law in 1993 where she obtained her ba in law. she had studied in england since 2002 and got her master degree (ll. m in commercial law) in bristol university in feb. 2004 .
hengxinli is an investment management company headquartered in shanghai with offices in the us and ireland. its online platform is aimed to help chinese to invest in overseas real estate with relatively small amounts of money .
as the first tier in the legal industry, the dispute resoluton team has successfully handled a great number of significant and influential cases. based on the specialized areas of over 100 lawyers, the team is divided into three sections: crimial law, civil law and administrative law .
with its excellent performance, deheng has won a high reputation and gained recognition not only from its clients, but also from china¡¯s national leaders. from 2008 to 2011, deheng was on the 3rd place of alb china 20: china¡¯s largest law firms, and ranked 14th place of alb asia 50: asia¡¯s largest law firms in 2008; listed on bloomberg 2008¡¯s legal league tables; alb 2009 ¡°deal of the year for equity market¡±; ranked no. 2 in asia - paciﬁc and greater china as legal advisers by mergermarket; on top of asia - pacific m & a league table by alb, etc .
global law office acted for the lead underwriters including bank of china and hsbc bank (china) .
mr. ding specializes in antitrust and competition law, wto dispute settlement, and section 337 investigation .
headquartered in beijing, deheng has 1500 lawyers in twenty - eight ofﬁces in china and abroad. deheng also has branch ofﬁces in us, france, netherlands, saudi arabia and belgium. with its global it network and cutting - edge multilingual ofﬁce automation tools, it is able to provide high quality, efﬁcient, multi - regional and international legal services to meet the needs and requirements of the clients¡¯ ever - growing business .
the deal also involved different areas of law including hong kong, cayman, mauritius and bvi, requiring domestic lawyers to actively co - operate with their overseas peers and fully consider the different areas of law .
this case is a typical trademark case awarding statutory damage. because the infringement happened before the enactment of the new trademark law, the court applied the old trademark law. however, both the legal analysis and the principle applied in the judgment were in accordance with the statutory damage provisions in the new trademark law .
the body of law on exclusion meanings commonly used in project or construction all risks policies is still developing .
china law & practice was proud to present the 2017 outstanding achievement award to renowned antitrust legal scholar professor huang yong, deputy head of the expert advisory board of the anti - monopoly committee at the state council, and director of competition law center at the university of international business and economics (uibe) school of law .
li feng leads the labour and security practice at deheng. the firm is experienced in handling labour and collective contracts, regulations and labour disputes. the firm also provides labour law trainings to senior management and human resources staff. recently, feng advised a company on a dispute related to economic pension, overtime wages and application for shanghai citizenship .
the most authoritative guide to latin america' s leading business law firms - fully revised and updated 20th edition .
. the transaction was governed by english law and its dispute resolution was under the jurisdiction of hong kong courts .
provided comprehensive legal services for this project. clayton utz, an australian law firm, acted as australian legal counsel .
deheng antitrust team has assisted over 100 clients to establish antitrust compliance programs by formulating internal antitrust guidelines, drafting standard operation procedures, providing antitrust trainings, reviewing companies’ business models and distribution agreements, and conducting antitrust audits (simulated dawn raids) .
these terms shall be governed by and construed in accordance with the laws of england and wales and you irrevocably submit to the exclusive jurisdiction of the courts of england and wales to settle any dispute which may arise out of or in connection with these terms. if you live outside the united kingdom, english law shall apply only to the extent that english law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (
local law
). in the event english law deprives you of any legal protection which is accorded to you under local law, then these terms shall be governed by local law and any dispute or claim arising out of or in connection with these terms shall be subject to the non - exclusive jurisdiction of the courts where you are habitually resident .
tian yuan says this is one of the very rare cases in which a chinese court determined and applied the foreign law for its ruling. it is also china’s first case in which the california and us federal law have been applied to affirm the validity of the foreign - related arbitration clause. this is also the first one in which benchmark chambers international, china’s first platform for the determination of the foreign law, had been engaged by the court to determine the foreign law .
? s first trademark law came into effect; shortly the state council issued the first version of the trademark implementing regulations .
? s first criminal law had provided the trademark counterfeiting as a criminal offense. it was the earliest protection for trademark .
city development law firm acted for private investors including china construction eighth engineering division and china construction fangcheng investment & development co. .
winner: china three gorges’ $ 1. 7b karot, pakistan hydropower plant allen & overy shearman & sterling tian yuan law firm
acted as the sole legal counsel for water solutions (hong kong), with the team led by its shenzhen partner, gao wenjie. the hong kong and los angeles offices of squire patton boggs advised water solutions on the case detail demonstration, notarization, authentication and other legal affairs .
shanghai jianwei law office, which was the first law firm in china to insure against liability for professional negligence some 7 years ago, has recently faced a professional negligence claim in excess of rmb20 million, by some margin the largest such claim in china to date .
china business law journal ’s independent editorial team made its own choices on the deals we felt were the shining stars for the year .
tian yuan says this case can serve as an example for the mainland courts to apply the law on the application of laws for foreign - related civil relations to investigate and apply the foreign law, and it plays an important role in increasing the international credibility of china’s judicial system .
according to dahui, it is very rare that such a huge amount of damages was awarded against a worker in china’s history of judicial practice of labour law, so this case marks a milestone for foreign - invested enterprises to protect their rights by applying the chinese law in labour disputes .
was prc counsel and walkers advised on cayman islands and british virgin islands law for jinjiang environment holding company. morgan lewis stamford was singapore legal counsel and
advised china merchants shekou industrial zone holdings (cms). rajah & tann and shu jin law firm advised china merchants property development (cmp) .
on september 14, nearly 200 leading legal professionals attended the eleventh china law & practice awards, held in association with ssq at the park hyatt beijing .
with rich experiences in antitrust litigation and a strong antitrust litigator team, deheng antitrust team has served the best interests of its clients in a number of high profile antitrust civil litigations, e. g. huawei vs. interdigital, qihoo 360 vs. tencent, ningbo magnet companies vs. hitachi metals, yy vs. netease
17 the interpretation refers to article 390 of the prc criminal law which deals with individual bribery, but not article 393, which addresses bribery by corporate perpetrators .
this year, deheng has advised on some high - profile mergers, including the tie - up between global cement companies holcim and lafarge. other recent highlights include acting on sinoma / hazemag and huadian / sulzer jg. on the investigations side, the firm has advised on the infant milk and automotive probes, as well as several other confidential matters. in a demonstration of its international capabilities, deheng has also been acting in the chinese vitamin c litigation in the united states, a significant matter not only for global antitrust but also for us - chinese relations. the team has also advised four chinese rare - earth permanent magnetic companies against hitachi metals in an abuse of dominance claim .
his extraordinary academic and legislative accomplishments are perfectly in line with the mission of the china law & practice outstanding achievement award. on behalf of china’s legal community, we were proud to extend this award to professor huang yong, for his efforts and contributions to building the backbone of china’s competition law that we know and work with today .
global law office says the transaction was a landmark for boosting finance and trade co - operation between china and poland. it is also significant for opening china’s capital market .
the following chart summarizes the various thresholds and applicable penalties for bribes given to state personnel by individuals as set forth in the interpretation and article 390 of the prc criminal law .
this case raised thorny questions of how us courts should treat foreign companies accused of violating us antitrust law when they are following mandates of a foreign government, says sidley austin .
we honored professor huang for his remarkable impact on china’s competition law and fundamental anti - monopoly legislation in the year of the 10th anniversary of the passing of the prc anti - monopoly law, which professor huang himself helped draft, having advised the government and lawmakers through the entire process. he played a key role in shaping the law and its guidelines, regulations and interpretations, working closely with the national development and reform commission, ministry of commerce, the state administration for industry and commerce, and the supreme people’s court. he served as a member of the advisory board for the state council and as an advisory expert for the legal committee of the national people’s congress until the law was enacted .
mr. hui wang, director of st. petersburg office of beijing dhh law firm, was invited to attend the forum on employment & entrepreneurship for chinese students in st. p
rajah & tann advised xiaomi in responding to investigations by the personal data protection commission (pdpc) of singapore, and the office of the privacy commissioner for personal data of hong kong, regarding allegations of data breaches from the use of xiaomi smartphones. koh vass & co, a hong kong law firm, advised xiaomi on hong kong privacy and personal data law .
yes. chinese trademark law particularly lists the act of forging or selling forged devices of registered trademark as trademark infringement. the legislative purpose of the statute is to effectively penalize trademark infringement .
dentons advised the consulting service organization for aspects including negotiation and contract execution. city development law firm offered assistance to clients in designing the transaction structure and drafting documents, among other services .
12
state personnel
refers to any person conducting public affairs at a state authority; any person conducting public affairs in state - owned companies and enterprises, institutions and public organizations; any person appointed by state authorities, state - owned companies and enterprises and institutions conducting public affairs in non - state owned companies, enterprises, institutions and public organizations; and any other person conducting public affairs in accordance with law. prc criminal law, art. 93. in 2011, china amended its criminal law to cover bribery directed at non - chinese government officials .
regardless of external uncertainties, china’s economy still maintained most of its momentum in the past year, and china business law journal still received a huge number of impressive nominations for this year’s awards .
purchased “fengye” t - shirts at a lower price from market and then replaced the mark with “crocodile” (with the consent of singapore crocodile), and finally sold them at much higher prices in the market. in the litigation, the defendants were held liable in violation of the unfair competition law. however, due to the lack of legal ground in the old trademark law, the court did not reject the defendants’ argument that their action did not constitute trademark infringement. as an improvement, the new trademark law makes it up and declares the “reverse passing - off” as trademark infringement .
10 opinion on several issues concerning the application of the law in the handling of criminal commercial bribery cases (关于办理商业贿赂刑事案件适用法律若干问题的意见) released by the spc and the spp on november 20, 2008, art. 9 .
this practice has been changed since the new trademark law came into effect in 2001. the new law relaxed the distinctiveness requirement. not only inherently distinctive marks can be registered. under article 11 of the statute, if a descriptive mark gains distinctiveness through use and can readily identify the origin of the goods it designates, it can be registered. while descriptive marks still have certain difficulties to be registered, it is not impossible now .
the intellectual property team focuses on legal matters ranging from patents, trademarks, copyrights through trade secrets to competition law. the team could also provide clients with full - range ip protection system and other custom - made ip solutions .
pursuant to article 57 of the trademark law, trademark registrant or interested party can request courts to issue an injunctive order to stop the infringer from infringing his trademark and from concealing or destroying evidence before she initiates a lawsuit against the alleged infringer. the interpretations of applying law regarding the issues on the pre - litigation injunction and preservation of evidences in trademark infringement (the “nterpretations”, issued by the people’ supreme court in early 2002, specifically provides the procedure .
secondly, if the statutory damages cannot stop the forging action, the criminal law specifically provides for a criminal offense of counterfeiting trademark offense. this criminal offense, together with the statutory damages, can effectively retreat most trademark forging .
in 2003, the chinese customs authority received 1, 240 applications for recording intellectual property rights and approved 1, 353 applications, including those filed in 2002. meanwhile, customs offices across the country seized infringing products in 756 cases, including 9 involving imported goods and 747 involving exported goods. among them, 741 (98 %) involved trademark infringement in the amount of rmb 66, 930, 000 yuan. as a powerful means, the custom protection is widely used to prevent illegal counterfeits to be imported into or exported from
deheng enjoys a good reputation and an outstanding track record. thanks to the stable and experienced team with hard working and creative members. their top quality service and outstanding achievements in issuance of securities, listings, securities investment funds and industrial investment funds have won them a wide range of first rate clients, including but not limited to china three gorges project corporation, china yangtze power, datang group, huaneng group, china railway construction corporation, agricultural bank of china and citic securities etc. covering
4 see opinion on several issues concerning the application of the law in the handling of criminal smuggling cases (关于办理走私刑事案件适用法律若干问题的意见) released by the spc, the spp and the general administration of customs on july 8, 2002, sec. 21 .
“a significant obstacle in the deal was the fact that autohome’s management, backed by three private equity funds, made an offer to take autohome private immediately after the announcement of ping an’s acquisition of the telstra stake, ” says paul hastings. according to the law firm, autohome’s management also tried to further challenge the ping an / telstra deal by instituting a lawsuit against the parties. paul hastings and zhong lun law firm helped ping an navigate these headwinds and successfully closed the acquisition .
the supreme court of india in the case of lalita kumari versus govt. of u. p. & ors. has propounded the principles and law relating to registration of f. i. r. (first information report) as under :
the law firm also notes that the participation of the collective capital from local villages into the new - type urbanization project was another highlight. it enabled local people to share the fruits of the urbanization and ease the difficulties with demolition and relocation .
the applicant, water solutions (hong kong), filed an application with the shenzhen intermediate people’s court requesting the court to affirm the validity of the arbitration clause in the manufacturing and supply agreement signed with the respondent, tall & stout industrial corporation (shenzhen), on 11 september 2007. according to the provisions of article 18 of the prc law on the application of laws for foreign - related civil relations, the parties agreed to apply the california law in the case of arbitration .
in october 2002, the people? s supreme court issued the most important judicial interpretation in trials of trademark cases - several provisions on the issues relating to application of law to adjudication of trademark civil disputes (? supreme court trademark trial provisions ?) .
to use urltoken you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these terms in the jurisdiction which you are currently located .
7 while there are clear cases of individual perpetrators receiving mitigated sentences for voluntarily confessing, such as probation rather than imprisonment, because prc law does not provide specific monetary penalties for corporate actors, it is difficult to assess whether corporate fines reflect similar reductions .
in addition, article 25 of the trademark law provides the “ational priority” an analogue of the national priority in the patent law, for the trademark applicant. it reads, ? where a trademark is first used for goods in an international exhibition sponsored or recognized by the chinese government, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of exhibition of the goods. ? different with the international priority, the national priority is aimed to protect domestic brands rather than foreign marks .
according to kwm, reinsurance contracts are signed between specialized insurance companies, and compared with common commercial contracts the signing of reinsurance contracts requires more practical skills and expertise. however, china’s insurance law and relevant judicial interpretations contain no rules governing the conditions for establishing reinsurance contracts .
revised its trademark law for the second time, to fulfill its obligations under the trade - related aspects of intellectual property rights (trips) agreement of the world trade organization (wto); the state council accordingly revised the trademark implementing regulations for the third time in 2002 .
the law firm says the court in this case interpreted the parties’ real intention expressed in the process of entering into the contract based on their demonstration of the business and industrial practices, and had decided on whether the reinsurance contract was established by applying the principle of good faith .
before the statute came into force, there was no apparent law applicable to the reverse passing - off cases. a famous case in 1994 “fengye” vs. “crocodile, ” triggered the creation of this statute. in this case, plaintiff beijing attire inc. , an attire producer in
zhong lun law firm assisted the republic of poland in the establishment of the programme and the first phase of the issuance, which included drafting and reviewing application documents, issuing legal opinions, discussion with the national association of financial market institutional investors, and closing of the first phase .
under the legal environment and regulatory systems of an advanced economy, the chinese law firm gathered various types of information concerning white rock and relevant companies through sound due diligence. in co - operation with tian yuan, clayton utz conducted due diligence and gave australian legal advice for the project .
at the start of this 12 - year dispute, the us plaintiffs alleged that the chinese manufacturers had colluded to fix prices of vitamin c exported into the us. in 2013, a district court found the companies liable for violating us antitrust law and awarded us $ 147 million in damages .
this is one of the most significant investments in china’s car - hailing industry, which greatly enhanced the influence of ucar in this booming segment, says han kun. the prc law firm assisted ucar in designing the deal structure, preparing transaction documents, participating in the negotiation process and closing the deal .
professor huang has published works on competition law extensively in both chinese and english, and has been entrusted by various prc government bodies, as well as international organizations and bar associations, to speak about and conduct research projects on antitrust legislation and enforcement, industrial policy, intellectual property rights, and innovation .
anti - corruption enforcement efforts in china historically have tended to focus on the recipients of bribery, as evidenced by harsher statutory penalties for bribe takers and the highly publicized prosecution of government officials accused of accepting illicit payments. however, recently issued guidance on prc anti - bribery law places the focus squarely on bribe givers by expanding upon existing sentencing thresholds and creating new incentives for voluntary disclosure. whether or not to bring potential violations of anti - bribery law to the attention of regulators is a complex decision in any jurisdiction. for foreign companies operating in china, the new guidance will serve as an important factor in that calculus .
in september 2016, the us court of appeals for the second circuit vacated the district court’s judgment against the chinese defendants, holding that the case should have been dismissed after mofcom filed a formal statement in the district court asserting that prc law required defendants to set prices and reduce quantities of vitamin c sold abroad .
for the first time, the interpretation expressly applies the concept of voluntary confession to corporate bribe givers. voluntary confession (自首) is defined under the prc criminal law as the act of voluntarily delivering oneself up to justice and truthfully confessing one' s crime after its commission. 3 voluntary confession by an individual is a common concept under the prc criminal law. voluntary confession by a corporate perpetrator, however, is a comparatively new concept. first introduced in a 2002 judicial interpretation on smuggling, 4 it was subsequently extended to crimes committed in the course of performing an official duty (including acceptance of bribes) in 2009. 5
served as pakistan and prc counsel to the lenders, respectively. moshin tayebaly & co was pakistan counsel to the lenders and sponsors. riaa barker gillette and lincoln’s law chamber acted as pakistan counsel to the sponsors. pinsent masons advised china machinery engineering corporation and other sponsors. haidermota bnr & co was pakistani counsel and anjarwalla
alb’s annual list of the largest law firms in asia highlights the biggest in each jurisdiction, as well as those with the most lawyers across the region. in indonesia, lubis ganie surowidjojo moves up the list, while kim & chang continues to rule the roost in south korea. research by alb; text by raj gunashekar .
under the trademark law, there are two basic ways to calculate the amount of the damages caused by trademark infringement: (i) based on the profits of the infringer, or (ii) based on the losses suffered by the trademark owner, as a result of the infringement. the losses of the trademark owner include the appropriate expenses for stopping the infringement. the several provisions on the issues relating to application of law to adjudication of trademark civil disputes (“supreme court trademark trial provisions”) has more definite provisions regarding this issue. pursuant to its article 13, trademark holder has the right to choose a method from the two options. undoubtfully, this is a big advantage for the victim of the infringement .
“ king & wood mallesons has a broad range of expertise in m & a, competition law and general corporate matters that allow them to effectively advise us, ” says a client. martyn huckerby is “very commercially minded, responsive and cost competitive” and advised turner broadcasting on chinese broadcasting regulatory issues arising from the $ 85. 4 billion merger with at & t .
yes, priority right is a statutory right provided by the chinese trademark law in conformity with the paris convention. articles 24 provides that, any trademark app1icant, who files an application for registration of the same trademark for identica1 goods in china within six months from the date of filing the same application for trademark registration in a foreign country, may enjoy the right of priority, in accordance with any agreement concluded between the people' s republic of china and the country, or according to the international treaty to which both countries are parties, or on the basis of the principle whereby each acknowledges the right of priority of the other. this right of priority was called? international priority, ? and first reduced to the law in 2001 .
yes. item 4 of article 52 was added to the new trademark law as trademark infringement in 2001, specifically dealt with the? reverse passing - off? cases. under this scenario, the infringer does not counterfeit or imitate the registrant? s mark; instead, it takes other? s registered trademark off the goods and replaces the registered trademark with its own mark .
under the chinese trademark law, trademark owner or interested party that was infringed may either commence a lawsuit against the infringer, or request the local administrative authority for industry and commerce to handle the matter. the local administrative agency has the right to investigate and dispose. if the agency finds trademark infringement, it may order the alleged infringer to stop infringing immediately. the alleged infringer may, within 15 days from the date of receipt of the notification of the order, institute legal proceedings in the people' s court in accordance with the chinese administrative procedure law. if, within the said time, such proceedings are not instituted and the order is not complied with, the agency may approach the peop1e' s court for enforcement of the administrative order .
ropes & gray and tanner de witt acted for kaisa group holdings. harneys advised kaisa group on cayman and bvi law. kirkland & ellis and mourant ozannes advised the ad hoc steering committee of the bonds and convertible bonds issued by kaisa group. clifford chance, mayer brown jsm, and o’melveny & myers acted for the creditors and certain trustees. walkers acted for bondholders of kaisa group .
king & wood mallesons has prominent lawyers robert chen, christine chen and armstrong chen. robert chen has a strong focus on advising foreign banks on daily operations in china, regulations on their new products and business expansion. christine chen is known for her expertise in overseas securities offerings and cross - border m & a regulations. armstrong chen has extensive knowledge of chinese law and regulations in the banking industry .
there are two noteworthy points about this kind of infringement. the first is how to decide plaintiff’s damages. in most cases, it is hard to calculate the profit losses of plaintiff caused by the infringement. under the new trademark law, the damages can also be calculated based on the illegal gains of the defendant from the infringement. however, the gains of the defendant who forges the trademark devices are usually much less than the illegal gains of the infringers who manufacture or sell the counterfeiting products. thus it may be unfair to the trademark registrant to adopt the latter method. fortunately, the new trademark law provides statutory damages under which the device forger can be ordered to pay damages up to rmb 500, 000. in many cases, this is a sufficient number to compensate the registrant? s damages .
professional indemnity insurance is now compulsory for lawyers practising in certain areas of the prc, such as shanghai. the result of further cases such as this may well be to prompt the government to expand the scope of compulsory insurance, or to prompt prc law firms to take out voluntary professional indemnity cover, or both. the fact of the should therefore improve the prospects for insurers marketing professional indemnity insurance in china .
king & wood mallesons is a go - to firm for many international corporates needing prc counsel. “we chose king & wood mallesons because it is a law firm with strong prc knowledge, ” says a client. another adds: “we have avoided many risks because of their service. ” yi zhang advised china pacific life insurance on its rmb2 billion strategic cooperation with baidu to form an insurance company and private fund .
the interpretation adopts the prc criminal law' s threshold of rmb10, 000 for individual bribes to state personnel as the floor for criminal liability. 13 it proceeds to clarify what range of payments constitutes a
serious case
( 情节严重), 14
very serious case
( 情节特别严重) 15 and a
major loss to the national interest
( 使国家利益遭受重大损失), 16 as well as the penalties associated with each .
in the area of antitrust and competition, mr. ding has advised clients in: internet; telecommunications; chemical; pharmaceutical; food and beverages; cement; machinery; automobile; auto parts; luxury; electrical appliances; finance; and retail industries on their m & a agreements, distribution agreements, business models under the anti - monopoly law. he has advised clients on several antitrust litigations and antimonopoly investigations. mr. ding has advised clients to establish the antitrust compliance programme and guidelines and conducted antitrust audit, provided antitrust training for multinational companies and the state owned enterprises. he has participated in the evaluation and coordination of a global merger filing and provided merger filing services before the mofcom. he is the co - author of a cch book – china anti - monopoly law guide, and the author of china chapter of iclg competition litigation 2014 .
besides the judicial relief for trademark protection, the trademark owner may also enjoy administrative remedy, which includes administrative enforcement and custom protection. this dual protection model of judicial relief and administrative relief for trademark is the most noteworthy characteristic of chinese trademark enforcement system. pursuant to trademark law, article 53, the trademark registrant or interested party may request the administrative authority for industry and commerce for disposition, in case that trademark infringement occurs .
while the enhanced sentencing thresholds are likely to have little impact on the daily operations of foreign companies in china, the prospect of a reduced sentence in exchange for voluntary disclosure is noteworthy. although technically speaking, corporate entities have no affirmative duty under prc law to disclose knowledge of bribery, the guidance offered by the interpretation should influence how corporate representatives of multinationals weigh their options in determining when and whether to proactively disclose compliance issues to regulators .
dahui says china’s labour law was enacted by applying the principle of protecting the rights of workers and, in arbitration and judicial practice, labour arbitration committees and courts also tend to protect the rights of workers for social harmony and other considerations. in this case, however, both the labour arbitration committee and the court of first instance ordered the worker to compensate the employer for damages of nearly rmb1 million (us $ 143, 000) .
before 2001, descriptive marks were strictly prohibited from registration. only inherently distinctive marks, i. e. , fancy, arbitrary or suggestive marks could be registered. even if a descriptive trademark has gained a secondary meaning after using over a certain period, it could not be registered under the old law, for its lack of the distinctiveness, such as american airline. as a result, although many well - known marks started enjoying protection in
sihua tech focuses on cdn technology. during the period when it was waiting for the approval of its listing application, it received an infringement letter from the troll company’s lawyer, which alleged that sihua tech might have infringed its 28 patents, for which it had the exclusive right. the letter was also copied to the sponsor and law firm that sihua tech had engaged for the purpose of its listing, thus creating an obstacle for sihua’s listing .
yes. articles 57 and 58 of the chinese trademark law provide trademark holders a powerful weapon to stop the infringer from continuing infringing while the lawsuit is not initiated yet and to preserve the evidences before the defendants have the opportunity to conceal or destroy them. this procedure, called “re - litigation injunction and preservation of evidence, ” s somewhat similar to the american judicial procedure of ex parte action for temporary restraining order (tro) or preliminary injunction .
the interpretation of the supreme people' s court and the supreme people' s procuratorate of several issues concerning the specific application of the law in the handling of criminal bribe - giving cases (最高人民法院、最高人民检察院关于办理行贿刑事案件具体应用法律若干问题的解释) (the
interpretation
) 1 came into force on january 1, 2013. adopted by china' s highest court, the supreme people' s court (
spc
), on may 14, 2012, and its highest prosecutorial organ, the supreme people' s procuratorate (
spp
), on august 21, 2012, the interpretation is equivalent to law. on multiple occasions, the spc and the spp have jointly issued guidance regarding bribery - related crimes, such as the 2007 interpretation on the receipt of bribes by state personnel (defined below), and the 2008 interpretation on commercial bribery. these documents provide significant insight into how chinese regulators interpret key principles of anti - bribery laws. provisions of note in the interpretation include the following .
this ipo was significant and required cutting - edge practice and extensive experience from participating law firms. six cornerstone investors were introduced in the listing. they jointly subscribed approximately 6. 77 billion offer shares and additional offer shares valued at us $ 1. 55 billion. psbc’s ipo comprised a total of 12. 1 billion h shares issued globally, priced at hk $ 4. 76 per h share. the net value raised through the ipo was approximately hk $ 56. 6 billion .
in rare cases, the exhaustion doctrine (i. e. the “first sale”) and the prior use of the mark as trade name can also be defenses. while the chinese trademark law does not explicitly provide the exhaustion doctrine, it is a doctrine commonly accepted by chinese courts. under the doctrine, once the registrant sold its trademarked goods, its trademark right on the sold goods is exhausted and it cannot prohibit others to sell that trademarked goods unless a contract between the parties otherwise provides .
on 31 august 2001, final judgment was given by the higher people’s court of shanghai. the court found that jianwei law office had not only failed to give proper advice to its client but also participated in the drafting of the illegal contracts. this meant there were obvious defects in the legal service provided by the firm, in breach of the terms of their contract with their clients regarding the legality and validity of all contracts and documentation. the court awarded damages against the firm of rmb2. 4 million .
under prc law, if a corporate entity is convicted of paying a bribe, it will be subject to criminal fines. in addition, individuals in positions of corporate authority (such as the legal representative or general manager), as well as the perpetrators themselves, may be subject to criminal detention or imprisonment, depending on the severity of the crime. while examples of company representatives receiving leniency after voluntarily confessing are publicly available, 6 the interpretation marks the first time that this practice has been codified. 7
section 7 of the current criminal law, named as? the crimes of infringing intellectual property rights? , provides for three trademark infringement offenses in articles 213, 214, and 215. where the offender passes off other person? s trademark, or forges or sells forged other person? s trademark, and the offense of passing off or forging is? serious, ? the offender shall be sentenced to a fixed term of imprisonment of not more than three years, and / or a fine; if the offense is extremely serious, the offender may face up to seven years imprisonment. article 214 provides that where the offender knowingly and willfully sells counterfeiting goods in a huge volume, he shall be sentenced to a fixed term of imprisonment of no less than three years but no more than seven years, and / or a fine. article 59 of the trademark law also provides that where any person “passes off the trademark of another person as his own” and “the infringement constitutes a crime, ” he shall be prosecuted for criminal liability .
the developer, unable to repay the huge sums ordered, sued jianwei law office. on 9 march 2001, the first intermediate people’s court of shanghai held that the firm had knowledge of the illegal operation of the developer, but failed to stop it, causing economic loss. the court thus adjudged that the firm return their legal costs of rmb400, 000 to the developer, and pay compensation of rmb2, 000, 000. both parties appealed, the developer contesting the amount awarded and the firm trying to overturn the judgment on liability .
, the mark must meet some substantial requirement. first, the mark itself must be distinctive and be able to distinguish the source of the goods. merely descriptive marks cannot be registered. . pursuant to articles 9 and 11 of the trademark law, generic names, designs or models of the goods, and the terms having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods cannot be registered. as a result, all generic marks and most descriptive marks cannot be registered. because there is no supplemental register in
yes. the new enacted chinese trademark law first expands the scope of registerable trademark to include collective marks and certificate mark. the new statute treats registered collective marks and certificate marks equally as trademarks and service marks. in addition, it explicitly provides that geographical indications can be registered as certificate marks, in accordance with the requirement of the trips. up to july 2004, over 300 chinese geographical indications were registered as certificate marks with the trademark office, including some famous ones like maotai (on wine), longjing (on tea), panjin (on rice), daxing (on watermelon), etc .
pursuant to article 13 of the new trademark law, one may not use or register other? s unregistered well - known mark (or the similar or its translation) on identical or similar goods if it is likely to cause confusion; nor can she use or register other? s registered well - known mark (or the similar or its translation) on different or dissimilar goods if it causes public confusion and is likely to injure the interests of well - known mark owner. the latter prohibition, in essence, is a kind of anti - dilution trademark protection, which is similar to the ftda of the lanham act of the
determined that the use of changhong was fair use. because there is no explicit “fair use” provision in the trademark law, the court reached its conclusion on various grounds. the first is that the major part of the plaintiff? s mark? chdtv? , i. e. the last four letters? hdtv? , is the generic name of highly density television set. secondly, the plaintiff? s mark is not entitled to strong protection for its lack of distinctiveness. due to its short history of being used (since 2003), the mark did not gain distinctiveness and thus is not entitled to strong protection. finally, defendant’s devices hdtv did not resemble the plaintiff’s mark chdtv.
deheng law offices is a beijing-based chinese law firm ranked the third largest among domestic firms by number of lawyers . founded in 1993 , the firm was spun out from the ministry of justice and emerged as a private partnership that has since maintained deep state connections . 
deheng law offices is a beijing-based chinese law firm ranked the third largest among domestic firms by number of lawyers. founded in 1993, the firm was spun out from the ministry of justice and emerged as a private partnership that has since maintained deep state connections.
deheng law offices is a beijing-based chinese law firm ranked the third largest among domestic firms by number of lawyers. founded in 1993, the firm was spun out from the ministry of justice and emerged as a private partnership that has since maintained deep state connections.