The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court
Many recommend including an arbitration clause in commercial contracts with Chinese companies, given the challenges foreign companies face in the PRC courts. What must I include in the clause to ensure my company is protected from potential disputes? What is the model arbitration clause?
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system
The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun
Michael Cheng of the Asian Corporate Governance Association discusses the developments in corporate governance in China and shares his experiences talking to companies and regulators
Yong Kai Wong, general counsel of CITIC Capital Holdings, explains how the Chinese government faces challenges in striking a balance between developing the domestic capital markets and responding to the country's evolving economic model
The CIRC has made it easier for insurance companies to engage in M&A. Although the Commission maintains a strict supervisory role in transactions, its motive for deregulation is clear. More reforms are in the pipeline for this complex and competitive market
Though the revised Trademark Law has made substantial improvements, protection and enforcement tactics against trademark squatters still remain crucial in the IP environment of China
Awareness of local courts and judges' practices as well as understanding of the laws, judicial trends and case outcomes are critical for MNCs' IP protection in China