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News & Analysis

2019年医疗投资并购热点探讨

04 September 2019 by Asia law

2019年医疗服务领域仍大有可作为,互联网医疗重回投资前沿,医药领域热点多发。

News & Analysis

目标公司投资的下属企业涉及负面清单的外资并购审批问题

04 September 2019 by Asia law

2016年9月3日,全国人大常委会对《外资企业法》《中外合资经营企业法》和《中外合作经营企业法》(以下合称“外商投资企业法”)有关行政审批的条款进行了修订,将不涉及国家规定实施准入特别管理措施(下称“负面清单”)的外商投资企业的设立和变更,由审批管理改为备案管理;涉及负面清单的外商投资仍然保留审批管理。

News & Analysis

Analysis of the difference between non-compete disputes and disputes over infringement of business secrets

04 September 2019 by Zhenghe Liu

Business secrets refer to such commercial information as technical information and business information, which are of commercial value, unknown to the public, and protected by security measures.

News & Analysis

Arbitration of BRI disputes: Singapore’s burgeoning role

04 September 2019 by Peter Doraisamy

The Belt-Road Initiative stands tall as the largest transcontinental infrastructure program the world as ever seen. Cutting across 68 nations and linking together three continents by land and sea, the BRI is a revival of the ancient trade network, the Silk Roads that drove economic growth and development in Asia.

News & Analysis

A Short Review of the Case Guidance System of the Chinese Judiciary

04 September 2019 by Asia law

The Chinese Case Guidance System (“the CG System”) has been a bizarre creature for western legal professionals since it was established by the Supreme People’s Court of China (“the Supreme Court”) in 2011.

News & Analysis

Chinese Court Being more Tolerant with Pathological Arbitration Clause

04 September 2019 by Asia law

On 14 December 2018, Beijing 4th Intermediate Court (the “Court”) upheld the validity of a pathological arbitration agreement which does not provide a seat of arbitration nor does the arbitration institution thereunder actually exist in Chinalight International Trade Co. Ltd. v Tata International Metals (Asia) Ltd. (“Chinalight v. Tata”).

News & Analysis

Copyright Infringement in Cinematographic film

04 September 2019 by Asia law

In the matter of copyright infringement for a film, there has been a mix of decisions by the Indian courts, each presenting a divergent opinion on the point - whether the infringing copy in case of cinematographic film has to be an exact copy made by the process of duplication or whether it refers to another work which substantially, fundamentally, essentially and materially resembles the original film.

News & Analysis

OSS System – Indonesia’s Answer to Minimize Bureaucracy and the Lengthy Licensing Regime

04 September 2019 by Asia law

On 21 June 2018, the Indonesian Government introduced the Online Single Submission (“OSS”) system under Regulation No. 24 of 2018 (“GR 24/2018”) on Electronically Integrated Business Licensing Services.

News & Analysis

THE INDONESIAN KPK’S PERFECT RECORD COMES TO AN END

04 September 2019 by Asia law

From the time it commenced operations in 2003, the Indonesian Commission for the Eradication of Corruption (“KPK”) had never lost a case.

News & Analysis

The Judicial Attitudes toward Tying Practice in China: Commentary on a Guidance Antirust Litigation Case published by the Supreme Court

04 September 2019 by Asia law

The case Wu Xiaoqin v. Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd., is a typical abuse of market dominance case by the form of typing practice, which was trialed by Xi'an Intermediate People’s Court (“Xi'an Court”) as the first instance court, then by Shanxi Higher People’s Court (“Shanxi High Court” or “appellate court”) in the appeal procedure, and lastly by the Supreme People’s Court (“Supreme Court”) in the retrial procedure.