China Law & Practice

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Full Text Translations

February 2010

Measures for the Administration of the Establishment of Partnerships in China by Foreign Enterprises or Individuals [Full Text Translation]
外国企业或者个人在中国境内设立合伙企业管理办法
The Measures allow the establishment of a partnership in China by two or more foreign enterprises or individuals, or the establishment of a partnership in China by a foreign enterprise or individual with a Chinese natural person, legal person or other organisation.

Shanghai Municipality, Trial Measures for the Examination, Approval and Registration of Debt-for-equity Swaps of Foreign-invested Enterprises [Full Text Translation]
上海市外商投资企业债权转股权审批登记试行办法
Shanghai allows debt-for-equity swaps by foreign-invested enterprises, which require the unanimous consent of all the shareholders of the investee enterprises.

Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes [Full Text Translation]
关于审理侵犯专利权纠纷案件应用法律若干问题的解释
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.

Measures for the Review for Concentrations of Business Operators [Full Text Translation]
经营者集中审查办法
With a view to eliminating or reducing the effect of eliminating or restricting competition that the concentration of business operators has or could have, restrictive conditions may be imposed on a concentration transaction.

Measures for the Reporting of Concentrations of Business Operators [Full Text Translation]
经营者集中申报办法
Calculation of the business turnover of a business operator in a concentration clarified.

Circular on Strengthening the Administration of Enterprise Income Tax on Income Derived from the Transfer of Equity of Non-tax-resident Enterprises [Full Text Translation]
关于加强非居民企业股权转让所得企业所得税管理的通知
The Circular aims to prevent tax evasion by non-tax-resident enterprises through transfer of equity.

Beijing Municipality, Tentative Measures for the Establishment of Foreign-invested Equity Investment Fund Management Enterprises in Beijing [Full Text Translation]
北京市在京设立外商投资股权投资基金管理企业暂行办法
The registered capital of a foreign-invested equity investment fund management enterprise shall not be less than US$2 million.

China Law & Practice Events

The 7th Annual Asia-Pacific In-house Counsel Summit
16 & 17 March 2010
Location: Hong Kong

The 5th Annual Asia-Pacific Dispute Resolution Summit
11 May 2010
Location: Singapore

The 7th Annual Asia-Pacific IP Forum
08 & 09 September 2010
Location: Hong Kong