Last year saw the promulgation of the Employment Contracts Law and the Employment Promotion Law, both of which work towards strengthening employee rights. The new laws build on the existing PRC Labour Law and make clarifications regarding open-ended contracts, employee rights in the workplace, trade unions and equal opportunities laws. As employers and employees are now adjusting to the new laws, more clarification is needed in order for them to be successfully implemented.
Earlier this year the Ministry of Science and Technology, the Ministry of Finance and the State Administration of Taxation issued a circular containing new Measures on HNTE Recognition. These measures, along with a Catalogue of supported industries, detail HNTE recognition requirements and necessary administration procedures under the PRC Enterprise Income Tax Law.
IP infringement is still one of the greatest challenges for the Chinese government. Leading international and local law firms have been involved in many significant cases, which show how the IP system in China is evolving.
The new circular issued by the CBRC represents a step towards the wider acceptance of commodities futures transactions, helping banks generate more business, provide more flexibility in gold trading, and improve competitiveness. The various conditions, application procedures and other requirements are extensive; while there are still some concerns about the operation of the new regulation, it is a step in the right direction.
China is now the largest franchise market in the world, and the 2008 Olympic Games has the potential to further expand this market. In respect of merchandizing, the BOCOG has utilized the franchise model to an unprecedented level. China's IP laws have been in substantial compliance with international standards for several years now, but enforcement has been a problem. The Olympic Games has forced the Chinese government to implement the groundwork for effective IPR protection.
The pharmaceutical industry in China has been expanding in recent years as the government strives to invent its own drugs and brands. However, the prevalence of counterfeit and generic drugs still remains a significant IP issue. The patent system needs further development before it will be able to properly protect patent holders.
The pharmaceutical industry in China has been expanding in recent years as the government strives to invent its own drugs and brands. However, the prevalence of counterfeit and generic drugs still remains a significant IP issue. The patent system needs further development before it will be able to properly protect patent holders.
At an event co-sponsored by Foley & Lardner LLP and Asia Law & Practice, “China's Innovation Boom: Doing Business and Achieving Growth in China”, Foley attorneys addressed effective strategies to obtain, protect, and enforce IPR.
With the new Land Registration Measures introduced in February the PRC Ministry of Land Resources is making a huge step towards bringing clarity and buyer protection to what has, over the last two decades, become a complicated and confusing procedure for the registration of property. In its enthusiasm to bring about constructive change, however, the central government may find its announced implementation of the new Measures to be a bit ambitious.
Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.