Opinion on Several Issues Concerning the Serving of the Main Objective When Handling Intellectual Property Trials in View of the Current Economic Situation
关于当前经济形势下知识产权审判服务大局若干问题的意见
The Opinion advises people’s courts in their trial of patent, trademark and unfair competition cases in a view to protect the fostering of domestic intellectual property.
Interpretation on Several Issues Concerning the Application of the Law to Trials of Civil Disputes Involving the Protection of Well-known Trademarks
关于审理涉及驰名商标保护的民事纠纷案件应用法律若干问题的解释
The Interpretation sets forth circumstances under which a people's court will not examine whether the concerned trademark is well-known or not.
Rules for the Recognition of Well-known Trademarks
驰名商标认定工作细则
SAIC sets out rules for well-known trademark recognition and opposition.
Interpretation on Several Issues Concerning the Application of the «PRC Contract Law» (2)
关于适用《中华人民共和国合同法》若干问题的解释（二）
The Interpretation clarifies issues concerning conclusion of contracts, validity of contracts, performance of contracts, termination of contractual rights and obligations, and liability for breach of contract.
Circular on Several Issues Concerning the Enterprise Income Tax Treatment of Enterprise Re-organisations
关于企业重组业务企业所得税处理若干问题的通知
Qualified M&A transactions allowed special income tax treatment.
*Web-only translation - Measures for the Administration of Registration of Technology Import and Export Contracts
技术进出口合同登记管理办法
Mofcom revises measures for registration of technology import and export contracts.
Settling the dispute
In an exclusive interview with China Law & Practice, Yu Jianlong, vice-chairman and secretary-general of the China International Economic and Trade Arbitration Commission, speaks to Phil Taylor about the Commission’s systems and structure, and how it can fight misperception
No business without contracts
Contracts are the bases of all business transactions. Without them, and their trustworthy enforcement, trade would grind to a halt
Gem provides quick exit for private equity
A new junior board will open in Shenzhen later this year and will provide a reasonably quick exit for foreign private equity firms. But good structuring is vital to avoid years of delays
Clearer protection of well-known trademarks
A new court interpretation aims to achieve consistency in recognising and protecting famous trademarks in civil disputes relating to trademark infringement and unfair competition
All change for China healthcare
China is serious about healthcare reform. New top-level guidelines will significantly reduce hospital revenue from medicine sales and promise more orders for medical equipment makers
Essential medicine policy proves a hard pill to swallow
China’s policy on essential medicines will be overhauled as part of wide-ranging healthcare reforms. This may lead to the demise of many local pharmaceutical companies but opportunities in traditional Chinese medicine
Restructuring rules restructured
New tax implementation rules for corporate restructuring introduce internationally recognised concepts and clarify access to special tax treatments. Recently restructured companies should check their tax position carefully
Cape Town Convention gives hope to China aviation
The Cape Town Convention comes into effect in China on June 1. It will provide a welcome boost to the aviation industry, provided the authorities apply it properly
Specialists examine competition online
China Law & Practice held its first live web-seminar on April 29. Its next will be on June 25 and will focus on the PRC Employment Contract Law
Anything but an easy ride for Shanghai
However you define an international financial centre, there are many hurdles ahead for Shanghai
How to choose the best investment vehicle
For inbound investors, navigating the maze of available structures can be tricky. The development of the PRC Anti-monopoly Law has led to more scrutiny of acquisitions of Chinese companies, causing potential foreign investors to look at other ways of investing in the country; Danone’s experience with Wahaha has in turn revealed potential pitfalls for joint ventures
Jim Jeffs: The art of communication
Intel was fined US$1.45 billion by EU antitrust authorities in early May for allegedly abusing its dominance of the microchip market. As the company appeals the decision, China Law & Practice speaks with Jim Jeffs, competition counsel for the Greater Asia region
China International Economic and Trade Arbitration Commission, Online Arbitration Rules
中国国际经济贸易仲裁委员会网上仲裁规则
Cietac allows arbitration to be done online.
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the «PRC Contract Law» (2)
最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（二）
The second interpretation of the PRC Contract Law accepts fingerprint signature.
State Administration of Foreign Exchange, Circular on Revising the Examination and Approval Authority for Certain Capital Account-related Foreign Exchange Transactions
国家外汇管理局关于调整部分资本项目外汇业务审批权限的通知
Safe delegates its approval authority over capital account items to lower authorities.
State Council, Plan for Modifying and Promoting the Equipment Manufacturing Industry
国务院装备制造业调整和振兴规划
Plan to promote equipment manufacturing to cope with the global financial crisis.
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the Law to Trials of Civil Disputes Involving the Protection of Well-known Trademarks
最高人民法院关于审理涉及驰名商标保护的民事纠纷案件应用法律若干问题的解释
SPC Interpretation to prevent abuse of judicial recognition of well-known trademarks.
State Administration for Industry and Commerce, Rules for the Recognition of Well-known Trademarks
国家工商行政管理总局驰名商标认定工作细则
SAIC sets out rules for well-known trademark recognition and opposition.
Supreme People’s Court, Opinion on Several Issues Concerning the Serving of the Main Objective When Handling Intellectual Property Trials in View of the Current Economic Situation
最高人民法院关于当前经济形势下知识产权审判服务大局若干问题的意见
Opinion on court trials to protect the fostering of domestic intellectual property.
Ministry of Finance and State Administration of Taxation, Circular on Several Issues Concerning the Enterprise Income Tax Treatment of Enterprise Re-organisations
财政部、国家税务总局关于企业重组业务企业所得税处理若干问题的通知
Qualified M&A transactions allowed special income tax treatment.
Ministry of Finance and State Administration of Taxation, Circular on Several Issues Concerning the Implementation of Preferential Enterprise Income Tax Policies
财政部、国家税务总局关于执行企业所得税优惠政策若干问题的通知
Circular clarifies the issue of double entitlement to preferential tax treatment.
Guangdong Province, Circular on the Promotion of the Model Text for the «Contract for Passing on the Contracted Management Rights in Rural Land in Guangdong Province»
广东省关于推行《广东省农村土地承包经营权流转合同》示范文本的通知
Guangdong issues model contract text to protect contracted rural land.
Ministry of Finance, Circular on Termination of the Policy of Reduction and Exemption of Import Tax and Duty for Taxable Products Subject to Trade Remedy Measures
财政部关于贸易救济措施应税产品停止执行进口减免税政策的通知
Trade remedy measures put a halt to tax reduction and exemption.
Shanghai Municipality, Trial Measures for Parallel Examination and Approval
上海市并联审批试行办法
Shanghai to implement parallel examination and approval for connected matters.
Other Recent Legislation for this Month