China Law & Practice

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Evolution: VAT reform changes the economy

Over the past six months, Shanghai has adopted a full set of laws and regulations for its value added tax pilot programme. The move will help China’s economy evolve from a manufacturing hub and encourage the development of modern service sectors

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Measures on Compulsory Patent Licensing
专利实施强制许可办法
These Measures regulate the granting of, royalty rulings for, and termination procedure for, compulsory licences for invention patents and utility model patents.

Announcement on Strengthening the Administration of Access to the Market for the International Carriage of Passengers by Sea
关于加强国际海上旅客运输市场准入管理的公告
Regulation of foreign cruises strengthened.

Shanghai Municipality, Measures for the Recognition and Protection of Famous Trademarks
上海市著名商标认定和保护办法
Shanghai's first measures on famous trademarks.

Measures for the Administration of the Plot Ratio of Construction Land
建设用地容积率管理办法
Plot ratio requirements must be included in contracts for grant of land use rights.

Regulatory Guidelines for Listed Companies No.1 — Regulatory Requirements in Respect of an Outstanding Deficit After a Material Asset Restructuring by a Listed Company
上市公司监管指引第1号—上市公司实施重大资产重组后存在未弥补亏损情形的监管要求
Listed companies required to disclose outstanding deficit after restructuring.

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Features & Analysis

Cause for concern
New measures on compulsory licensing clarify the application process, but questions remain over how authorities will grant a licence and under what circumstances. China has yet to grant its first compulsory licence, but a decision earlier this year in India has reminded patent owners of the danger

In defence of joint ventures
Since the 1980s the joint venture was the most common route for structuring foreign direct investment into China. Two decades later, are joint ventures still the right choice?

Raising safety standards
The future is uncertain for shipping operators as an Announcement has set out some strict policies to bring the industry in line with international standards

Opinion: Draft Copyright Law extends government power
The draft amendments to the Copyright Law empower collective management and set new rules for fair use

China question: How can I import products into China under lower tariffs?
I have heard that China has cut some of its import duties. Which products are affected under the new measures and how can I import products into China under the lower tariffs?

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Legislation Digest

State Administration of Foreign Exchange, Circular on Issues Relevant to Improving Administration of the Overall Foreign Exchange Conversion and Sale Position of Banks
国家外汇管理局关于完善银行结售汇综合头寸管理有关问题的通知
Lower limit of overall forex conversion and sale position of banks revised to below zero.

Shanghai Municipality, Circular on Revising the Minimum Wage Rates in the Municipality
上海市关于调整本市最低工资标准的通知
Shanghai raises minimum wage to Rmb1,450.

Guangzhou City, Provisions for the Administration of Government Contracts
广州市政府合同管理规定
Guangzhou issues China’s first set of provisions on government contracts.

State Administration for Industry and Commerce, Opinions on Supporting Guangdong in Accelerating its Transformation, Upgrading and Creation of a Happy Guangdong
国家工商行政管理总局关于支持广东加快转型升级、建设幸福广东的意见
Foreign enterprises allowed to register their names directly with Guangdong provincial administration.

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China Law & Practice Events

asialaw Southeast Asia In-house Counsel Summit
17 May 2012
Location: Singapore

IFLR India Outbound Investment Forum 2012
05 July 2012
Location: Mumbai