Posted on February 23, 2009 by Joseph M. Wallin

Elevating Standards: China's Newly Amended Patent Law

By Ron Cai, Sisi Liu and Kevin Moore

China's National People's Congress recently adopted a new amendment to it's Patent Law, which will take effect on Oct. 1, 2009. The Patent Law of China was formulated in 1984 and took effect on April 1, 1985. It has been amended three times: first in 1992, second in 2002, and most recently on Dec. 27, 2008. This article provides an overview of major changes under the third amendment (“New Law”). Continue reading...

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Posted on October 30, 2008 by Joseph M. Wallin

Provisions on the Reporting Threshold for Concentrations of Business Operators: Notification Instruction for China's Anti-Monopoly Law

By Ron Cai, Kevin Moore and Ning Ding

On Aug. 3, 2008, two days after implementation of the PRC Anti-Monopoly Law, China's State Council promulgated and effected the Provisions on the Reporting Threshold for Concentrations of Business Operators (the “Rules”). The Rules clarify uncertainty arising from the Anti-Monopoly Law (the “AML”) while neglecting other issues, such as undefined key terms used in the AML. (Please see our earlier Preview of China's New Anti-Monopoly Law.)

By replacing the AML's hollow notification provision with the threshold laid out under the Rules, business operators can now better comply with and anticipate China's anti-trust policy and regulatory schemes. In this advisory, we define the concentration notification threshold stipulated in the Rules and offer some guidance and foresight. Continue reading...

 

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