China Law & Practice

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Picking the right arbitration institution in China

Two years after the CIETAC split, unresolved issues such as inconsistent court rulings and confusion over enforcement still remain. Parties are advised to clearly specify the desired institution in their arbitration clauses

In the news: Apple delays iPhone 6 release in China, the Premier reassures multinational companies and CNEEC invests big in Serbia

This week Chinese consumers found they won’t be getting the new iPhones on time, Premier Li stressed equal treatment to domestic and foreign companies and CNEEC planned a US$1.2 billion investment in Serbia

Legislation roundup: Outbound investment requirements, lease financing tax refund and construction law violations

MOFCOM has simplified approval requirements for overseas investments, a national pilot tax refund project was launched for lease financing exports and the illegal awarding of construction contracts was clarified

Interview: A dynamic spirit – Guangdong Focus

Tencent’s legal director of investments and acquisitions Yan Li discusses with China Law & Practice the importance of keeping up with anti-monopoly, data privacy and industry-specific laws as well as why Shenzhen is the ideal place for entrepreneurship

Full Text Translations


Provisions for the Recognition and Protection of Well-known Trademarks (Revised)
驰名商标认定和保护规定 (修订)

If the trademark is not registered, materials evidencing that it has been continuously used for not less than five years shall be submitted.

Guidelines for the Disclosure of Information on the Application of Capital by Insurance Companies No.1: Affiliated Transactions
保险公司资金运用信息披露准则第1号:关联交易

Insurance companies are required to disclose information of application of insurance capital with an affiliated party within 10 working days.

Announcement on Issues Relevant to the Reporting of Information on Overseas Investments and the Income Thereof by Tax-resident Enterprises
关于居民企业报告境外投资和所得信息有关问题的公告

Tax-resident enterprises that hold 10% of shares of a foreign enterprise are required to report the relevant information to the tax authority.

Implementing Regulations for the PRC Trademark Law (Revised)
中华人民共和国商标法实施条例 (修订)

The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.

Supreme People's Court, Annual Report on Intellectual Property Cases (2013) (Abstract)
最高人民法院知识产权案件年度报告(2013年)摘要

This year’s report has derived 39 law application issues with general guiding significance from 30 carefully selected typical cases.

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Law Digests


State Council, Guiding Opinions on Accelerating the Development of Production-type Service Industries to Promote Restructuring and Enhancement of the Industrial Structure
国务院关于加快发展生产性服务业促进产业结构调整升级的指导意见

Enterprises in the environmental sector are eligible for 15% tax rate.

State Council, Opinions on Further Promoting Reform of the Household Registration System
国务院关于进一步推进户籍制度改革的意见

China dismantles segregation of urban and rural residency.

China Banking Regulatory Commission, Circular on Revising the Basis for Calculating the Loan-to-deposit Ratios of Commercial Banks
中国银行业监督管理委员会关于调整商业银行存贷比计算口径的通知

CBRC relaxes restrictions on the loan-to-deposit ratios of commercial banks

China Securities Regulatory Commission, Several Opinions on Reforming, Improving and Strictly Implementing the System for Delisting Listed Companies (Draft for Comments)
中国证券监督管理委员会关于改革完善并严格实施上市公司退市制度的若干意见 (征求意见稿)

People’s Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission and State Administration of Foreign Exchange, Circular on Regulating Interbank Businesses of Financial Institutions
中国人民银行、中国银行业监督管理委员会、中国证券监督管理委员会、中国保险监督管理委员会、国家外汇管理局关于规范金融机构同业业务的通知

Measures issued to suppress shadow banking.