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Practical Law China June Focus 2017
Practical Law UK Legal Update w-008-9308 (Approx. 6 pages)
Practical Law China June Focus 2017
| Published on 30 Jun 2017 • China |
Details of Practical Law China's new and updated resources for June 2017
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This June Practical Law China has expanded its coverage of the Arbitration and dispute resolution topic collection with the publication of Article, Allocation of costs in arbitration: a Chinese perspective.
For IP&IT topic collection, we have published Practice note, Parallel imports and Chinese intellectual property laws.
For Mergers & acquisitions topic collection, we have published Practice note, Abuse of market dominance in China.
As usual, we have published our regular monthly roundup of key items for general counsel, GC Agenda China (see Article, GC Agenda China: June 2017) and separate legal updates for important legal and practical developments in this month (see Legal updates) and have updated a number of materials in the light of recent developments (see Maintenance).
New content
Arbitration and dispute resolution
We have published Article, Allocation of costs in arbitration: a Chinese perspective.
This article is about the allocation of costs of arbitration in the context of Chinese arbitration legislation and practice. It discusses the statutory basis for allocation of costs in China and the factors considered by arbitral tribunals. It also examines related issues and areas for reform in Chinese commercial arbitration practice.
IP&IT
We have published Practice note, Parallel imports and Chinese intellectual property laws.
Parallel imports have been an area of frequent dispute between intellectual property (IP) owners and importers or subsequent resellers of patented or trademarked goods. However, the legal framework and recent Chinese cases support the legality of parallel imports in both patent and trade mark areas.
This note introduces the current legal framework for parallel imports and its interplay with Chinese patent and trade mark laws, two areas where parallel imports play a prominent role. It analyses common legal issues that companies may potentially face in IP-related parallel import cases. The note also discusses the implications of parallel imports in transnational e-commerce.
Mergers & acquisitions
We have published Practice note, Abuse of market dominance in China.
This note gives an overview of the regime of regulating abuses of market dominance conduct in China. It discusses how to define a relevant market and how to assess a dominant market position and introduces typical types of prohibited abusive conduct and their respective justifications available under the law. The note introduces the latest draft guidelines on abuse of IP rights. It also discusses notable cases in private enforcement in this area (including the most recent Tetra Pak case).
GC Agenda China: June
This month's issue is now out. GC Agenda provides practical, specific and actionable advice on key issues for GC covering China. GC Agenda China is also a useful reference point for external counsel who needs an overview of the main developments outside their own practice area.
This GC Agenda China: June 2017 covers:
- State Council's 2017 negative list for FTZs.
- MOFCOM's new draft FIE record-filing measures.
- TC 260's draft guidelines on security assessment of data exports.
- SAT and PBOC's rules on due diligence of non-resident financial accounts.
- MEP and CIRC's draft compulsory environmental liability insurance rules.
Maintenance
This month, we have updated a number of resources (including bilingual content) in areas including anti-bribery and anti-corruption, commercial contracts and boiler plate, corporate, FDI and M&A, employment and benefits and IP&IT.