March 2010
Reshaping the patents game
New implementing rules for the PRC Patent Law will have a significant impact on foreign companies’ China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant
New Patent Law implementing rules to have a deep impact
CLP asked a range of lawyers from international firms to submit their comments and opinions on the revised Implementing Rules for the updated PRC Patent Law. Here is a selection of their comments
Courts get expanded jurisdiction for IP cases
China’s highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance
Margin trading ready at last
For years, mainland China has been preparing for margin trading and short sale of securities. With the securities regulator’s promulgation of a new guiding opinion, those preparations appear finally to be complete
Doing your China due diligence
Conducting thorough due diligence is essential in China, but there are decisions to make about the proper priorities as well as the best processes to choose
Light at the end of the tunnel for China derivatives
On February 25, a panel of leading China transactional lawyers discussed the legislative and regulatory changes affecting the regulation of derivatives and structured finance in China
China's legal system: a work in progress that demands respect
Tengzhong loses Hummer
Plenty of lessons for foreign companies
February 2010
Keeping your China operations clean
Foreign companies operating in China face the dual challenge of winning business in a highly competitive environment while at the same time conforming to both domestic and international laws against corruption and fraud. An effective ethics and compliance programme is an essential ingredient of success
UK Bribery Bill: The long arm of the Crown
A new British law will force any company with a business presence in the UK to operate an adequate anti-bribery policy overseas. The burden is likely to be particularly heavy for those operating in China
China makes a renewed commitment to clean energy
China is showing its dedication to the renewable energy sector through amendments to legislation and the creation of incentives for domestic usage, while importation of renewable energy equipment continues to face difficulties
Foreign-invested partnership regulations: radical reform or unmet expectations?
New rules on foreign-invested partnerships have raised hopes of a new investment vehicle for inbound business. But their effectiveness appears limited
Extraterritorial enforcement of corporate income tax
A tax circular which seeks to strengthen the administration of tax on income derived from equity transfer may have a profound impact on non-resident investors using offshore vehicles. But the authorities have some legal hurdles to clear
Interpreting the PRC Patent Law
China’s highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners
Chinese overseas investment summarised
As its economy continues to grow rapidly, China is looking for more outlets for its foreign exchange reserves. This is a trend which is reflected by recent legislation on overseas investment
Beijing opens up to foreign private equity fund managers
Beijing has responded to Shanghai’s recent relaxation of rules in Pudong by issuing measures to allow foreign private equity fund managers to set up shop
Taking security in China
Taking security over assets in China can be challenging, not least due to the various approval and registration requirements for foreign investors
The key to success in your China law research
After unprecedented success in the US, Thomson Reuters Legal has rolled out its Key Number System in the Chinese market. It allows lawyers to conduct their research quickly and efficiently, and eliminates the problem of missing vital knowledge
Corruption: The topic that’s here to stay
Commitment, energy and the right corporate culture are all needed in order to keep corruption at bay
Li Lian Khoo: Derivatives will overcome teething troubles
Li Lian Khoo is director of legal and compliance at UBS and a member of the traded products team