China has revised its Patent Law for the third time, and issued the first proposed draft amendments to the Implementing Regulations. There are key changes relating to invention patents and utility models. These should better align the Law with international standards, but there will be notable implications for foreign-invested companies. By Ronald Chu and Annie Tsoi, Deacons.
Employers in China are facing more labour arbitrations as employees take advantage of free tribunals and increased rights. Foreign companies are at most risk. They must keep good documentation and pay close attention to balancing internal rules and local law.
Trademark rights owners in China are increasingly demanding action against keyword advertising programmes used by well-known internet search engines. Recent court decisions in Beijing, Shanghai and Guangzhou are helpful but highlight regional disparities. By Luckie Hong, Jones Day.
Regulations in Chinese law cover both commercial bribery and bribery involving state employees. The law sets out criminal and administrative liabilities for business operators, and has some unique characteristics. Counsel should establish clear guidelines to help mitigate the risks of liability. By Alice Peng, Jun He Law Offices.
Foreign investors are abandoning their Chinese ventures prompting the issuance of new government guidelines. These raise the possibility of the use of cross-border legal and political action to force absconders to face liability in China. Although the implications are not completely clear, foreign parties must take care when attempting to withdraw from the country. By Susan Finder, Winston & Strawn.
As China faces up to the challenges of a global recession, lawyers are calling for changes to the country's regulatory regime for mergers and acquisitions. Proper support for acquisition financing and foreign currency conversion will boost the market and encourage investors. More clarification of joint-venture funding and anti-monopoly rules will also help.
As China faces up to the challenges of a global recession, lawyers are calling for changes to the country's regulatory regime for mergers and acquisitions. Proper support for acquisition financing and foreign currency conversion will boost the market and encourage investors. More clarification of joint-venture funding and anti-monopoly rules will also help.