October 2007
Public Grant of Land Use Rights and Mortgage Lending Risks
China's Revised Lawyer's Law: Practical Benefits for a Strengthened Legal Profession
The Lawyer's Law is expected to make a major contribution to strengthening the independence of China's legal profession, and help enhance the quality and diversity of legal services available in China.
September 2007
New Rules on the Choice of Law for Foreign-related Contracts
Parties to foreign-related contracts have been free to choose which country's law govern their contracts - except where PRC law is mandatory. The new Provisions provide better guidance on deciding the governing law of the contract.
Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes
[Full Text Translation]
关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定
This Provisions aims to further clarify the issue on the conflict of laws for foreign-related civil and commercial contract disputes and recognizes the parties' expressed choice of laws.
China's Bilateral Investment Treaties with EU Member States: Gaining a Competitive Advantage Through Investment Protection
The article explores available options to extend the full protection under the 'new generation' of bilateral investment treaties to otherwise unprotected investors.
Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes
[Legislation Digest]
最高人民法院关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定
Application of foreign laws excluded from five more types of contracts.
Supreme People's Court and Supreme People's Procuratorate, Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Receiving Bribes
[Legislation Digest]
最高人民法院、最高人民检察院关于办理受贿刑事案件适用法律若干问题的意见
Ten new types of bribe-taking by state personnel defined.
July/August 2007
Tough on Accountants: The New PRC Accounting Regulations
June 2007
Anti-counterfeiting: The Law Now, in 2010 and Beyond
How China is tackling her greatest challenges in IP rights protection: enforceability, the question of who is liable for infringements and local protectionism.
May 2007
Labour Union Leader's Wrongful Employment Termination Case
April 2007
HUMAN RIGHTS GROUP SUES YAHOO
March 2007
Commercial Bribery: What are the Boundaries?
Specific Law Application Issues Concerning Trials of Disputes over Infringement upon Rights to New Varieties of Plants
China continues to develop its legal regime protecting the creation and development of new plant varieties with the issuance of new rights and remedies available for infringement disputes involving new plant varieties.
Prosecutors to target bribery in 2007
High court to order provinces to retry death sentences
February 2007
CIETAC Arbitration Clauses: Tips and Pitfalls
Howard Yinghao Yang suggests how practitioners can structure arbitration clauses under the new rules and interpretations to ensure enforcement of awards both domestically and internationally.
Bank Loan Frauds in the Real Estate Development Industry
SONY SUED FOR UNFAIR COMPETITION
Supreme People's Court Changes its Position on Copyright Law
NEW INTERPRETATION ON UNFAIR COMPETITION LAW
MOSER ELECTED CHAIRMAN OF HKIAC
The Battle for Intellectual Property in the Semiconductor Business
Many Chinese semiconductor producers lack IP portfolios rendering them increasingly vulnerable to infringement claims by their foreign rivals. The IP war has begun.
New Judicial Interpretation in Fair Competition Law
Clarifies what constitutes well-known commodities and infringement of business secrets. Yan Xun reviews the key issues affecting intellectual property rights owners in China.