Legal

The PRC Trademark Law has been under review since 2005, but the proposed changes fail to address three of the biggest problems faced by trademark owners: well-known trademark recognition, bad faith filing and OEM infringement. Reforms to these big three could transform the Trademark Law and the business environment

Including: State Intellectual Property Office, Compulsory Patent Licensing Measures

Beijing Intermediate People's Court has rejected Chivas Regal's trademark infringement lawsuit against clothing company Chivas Regal 88. Along with the high-profile problems of Apple and Hermes, the case highlights the weaknesses in China's Trademark Law.

Including: PRC Criminal Procedure Law (2nd Revision)

Preferential policies for cross-strait investment are benefiting Taiwanese entrepreneurs. While some are still concerned about risks such as exit restrictions and the dispute resolution mechanism, foreign financial institutions are already benefiting from the growing business.

As franchising increases in China, the Ministry of Commerce has released new measures for greater disclosures, including more information when signing agreements.

Including: Measures for the Administration of Information Disclosure in Connection with Commercial Franchising

Public invitations for bids must be carried out for projects with controlling or majority investments from state-owned funds.

Implementing Regulations finally come out after the promulgation of the PRC Law on the Invitation for and Submission of Bids in 1999, preventing the restriction or preclusion of potential bidders.