Full Text Translations

Opinion on Several Issues Concerning the Serving of the Main Objective When Handling Intellectual Property Trials in View of the Current Economic Situation
关于当前经济形势下知识产权审判服务大局若干问题的意见
The Opinion advises people’s courts in their trial of patent, trademark and unfair competition cases in a view to protect the fostering of domestic intellectual property.

Interpretation on Several Issues Concerning the Application of the Law to Trials of Civil Disputes Involving the Protection of Well-known Trademarks
关于审理涉及驰名商标保护的民事纠纷案件应用法律若干问题的解释
The Interpretation sets forth circumstances under which a people's court will not examine whether the concerned trademark is well-known or not.

Rules for the Recognition of Well-known Trademarks
驰名商标认定工作细则
SAIC sets out rules for well-known trademark recognition and opposition.

Interpretation on Several Issues Concerning the Application of the «PRC Contract Law» (2)
关于适用《中华人民共和国合同法》若干问题的解释（二）
The Interpretation clarifies issues concerning conclusion of contracts, validity of contracts, performance of contracts, termination of contractual rights and obligations, and liability for breach of contract.

Circular on Several Issues Concerning the Enterprise Income Tax Treatment of Enterprise Re-organisations
关于企业重组业务企业所得税处理若干问题的通知
Qualified M&A transactions allowed special income tax treatment.

*Web-only translation - Measures for the Administration of Registration of Technology Import and Export Contracts
技术进出口合同登记管理办法
Mofcom revises measures for registration of technology import and export contracts.

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Features & Analysis

No business without contracts
Contracts are the bases of all business transactions. Without them, and their trustworthy enforcement, trade would grind to a halt

Anything but an easy ride for Shanghai
However you define an international financial centre, there are many hurdles ahead for Shanghai

How to choose the best investment vehicle
For inbound investors, navigating the maze of available structures can be tricky. The development of the PRC Anti-monopoly Law has led to more scrutiny of acquisitions of Chinese companies, causing potential foreign investors to look at other ways of investing in the country; Danone’s experience with Wahaha has in turn revealed potential pitfalls for joint ventures

Restructuring rules restructured
New tax implementation rules for corporate restructuring introduce internationally recognised concepts and clarify access to special tax treatments. Recently restructured companies should check their tax position carefully

Specialists examine competition online
China Law & Practice held its first live web-seminar on April 29. Its next will be on June 25 and will focus on the PRC Employment Contract Law

Gem provides quick exit for private equity
A new junior board will open in Shenzhen later this year and will provide a reasonably quick exit for foreign private equity firms. But good structuring is vital to avoid years of delays

Jim Jeffs: The art of communication
Intel was fined US$1.45 billion by EU antitrust authorities in early May for allegedly abusing its dominance of the microchip market. As the company appeals the decision, China Law & Practice speaks with Jim Jeffs, competition counsel for the Greater Asia region

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Business Law Bulletins

AML to benefit from SAIC draft regulations

Limited partnership tax circular eases investor concerns

How patent law amendments will affect design patent practice

E-commerce and trade regulation-facilitation

CIRC facilitates fund investments

Interim injunctions in India: the Roche-Cipla saga

Customs regulations no barrier to Italy imports

Material responsibility of an employee in Ukraine

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