Legal

• Patent Invalidity Visited by Supreme People's Court

  By Zha [email protected]: www.freshfields.comIn September 2005, the Supreme People's Court rendered its first formal case decision…

  January 31, 2006

• Circular on the Criteria for the Recognition of Newly Established Enterprises that are Eligible for Preferential Enterprise Income Tax Policies

  关于享受企业所得税优惠政策的新办企业认定标准的通知

  (Issued by the Ministry of Finance and the State Administration of Taxation on, and effective as of, January 9 2006.)

  January 31, 2006

• Measures for the Administration of Strategic Investments in Listed Companies by Foreign Investors

  外国投资者对上市公司战略投资管理办法

  While it maintains the existing distinction between partial and full foreign-invested enterprise status, the Measures have new stipulations on investor qualifications, share transfer regulations, general offer requirements, corporate procedures and methods of acquisition payment.

  January 31, 2006

• New Rules on Strategic Investments by Foreign Investors in Listed Companies

  The new rules on foreign strategic investment aim to restore investor confidence in merger and acquisition activity in China. What are the new reforms and how will they assist new investors in Chinese listed companies?

  January 31, 2006

• China National Tourism Administration and Ministry of Commerce, Supplementary Provisions to the «Tentative Provisions for Establishment of Foreign-controlled and Wholly Foreign-owned Travel Agencies»

  国家旅游局、商务部关于《设立外商控股、外商独资旅行社暂行规定》的补充规定

  Issued: December 29 2005Effective: January 1 2006Interpreting authority: China National Tourism Administration in conjunction with Ministry of CommerceMain…

  January 31, 2006

• State Food and Drug Administration, Provisions for the Administration of Record Filing Regarding the Acceptance of Entrustment of Pharmaceutical Processing from Overseas Pharmaceutical Manufacturers

  国家食品药品监督管理局接受境外制药厂商委托加工药品备案管理规定

  Promulgated: November 15 2005Effective: January 1 2006Applicability: The term "acceptance of entrustment of pharmaceutical processing from overseas pharmaceutical…

  January 31, 2006

• General Administration of Customs, Measures for the Administration of Import and Export Inspection

  中华人民共和国海关进出口货物查验管理办法

  Promulgated: December 28 2005Effective: February 1 2006Interpreting authority: General Administration of CustomsApplicability: The term "import and export…

  January 31, 2006

• Environmental Impact Assessment for Construction Projects in China

  Whilst China's new measures for environmental impact assessment are good news for the environment, these may cause problems for project owners by potentially delaying construction and even losing business opportunities if a public hearing is required.

  January 31, 2006

• PRC Securities Law (Amended)

  中华人民共和国证券法 (修订)

  This Law regulates the public offering and trading of securities, takeover of listed companies, stock exchanges, supervision of securities companies, securities depository and clearing institutions, securities service institutions, securities associations, and the securities regulatory authority.

  January 31, 2006

• Ministry of Finance and State Administration of Taxation, Circular on Business Tax Policy Concerning Qualified Foreign Institutional Investors

  财政部、国家税务总局关于合格境外机构投资者营业税政策的通知

  Issued: December 1 2005Main contents: Business tax shall be exempted from spread income gained in securities trading business in China engaged in by domestic…

  November 30, 2005